reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 8 - South Carolina Uniform Power Of Attorney Act › Section 62-8-210. Insurance and annuities.

Unless the power of attorney otherwise provides and subject to Section 62-8-201, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:
(1) continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;
(2) procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment;
(3) pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;
(4) apply for and receive a loan secured by a contract of insurance or annuity;
(5) surrender and receive the cash surrender value on a contract of insurance or annuity;
(6) exercise an election;
(7) exercise investment powers available under a contract of insurance or annuity;
(8) change the manner of paying premiums on a contract of insurance or annuity;
(9) change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;
(10) apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;
(11) collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;
(12) select the form and timing of the payment of proceeds from a contract of insurance or annuity; and
(13) pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 8 - South Carolina Uniform Power Of Attorney Act › Section 62-8-211. Estates, trusts, and other beneficial interests.

(a) In this section, "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.
(b) Unless the power of attorney otherwise provides and subject to Section 62-8-201, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to:
(1) accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or other beneficial interest;
(2) demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise;
(3) exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;
(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;
(5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;
(6) conserve, invest, disburse, or use anything received for an authorized purpose; and
(7) transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor.
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 8 - South Carolina Uniform Power Of Attorney Act › Section 62-8-212. Claims and litigation.

Unless the power of attorney otherwise provides and subject to Section 62-8-201, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:
(1) assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;
(2) bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;
(4) make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;
(5) submit to alternative dispute resolution, settle, and propose or accept a compromise;
(6) waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon whom process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(7) act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;
(8) pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and
(9) receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 8 - South Carolina Uniform Power Of Attorney Act › Section 62-8-214. Benefits from governmental programs or civil or military service.

(a) In this section, "benefits from governmental programs or civil or military service" means a benefit, program, or assistance provided under a statute or regulation including Social Security, Medicare, and Medicaid.
(b) Unless the power of attorney otherwise provides and subject to Section 62-8-201, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:
(1) execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in Section 62-8-213(a)(1), and for shipment of their household effects;
(2) enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;
(3) prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;
(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning a benefit or assistance the principal may be entitled to receive under a statute or regulation; and
(5) receive the financial proceeds of a claim described in item (4) and conserve, invest, disburse, or use for a lawful purpose anything so received.
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 8 - South Carolina Uniform Power Of Attorney Act › Section 62-8-215. Retirement plans.

(a) In this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:
(1) an individual retirement account under Internal Revenue Code 26 U.S.C. Section 408, as amended;
(2) a Roth individual retirement account under Internal Revenue Code 26 U.S.C. Section 408A, as amended;
(3) a deemed individual retirement account under Internal Revenue Code 26 U.S.C. Section 408(q), as amended;
(4) an annuity or mutual fund custodial account under Internal Revenue Code 26 U.S.C. Section 403(b), as amended;
(5) a pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code 26 U.S.C. Section 401(a), as amended;
(6) a plan under Internal Revenue Code 26 U.S.C. Section 457(b), as amended; and
(7) a nonqualified deferred compensation plan under Internal Revenue Code 26 U.S.C. Section 409A, as amended.
(b) Unless the power of attorney otherwise provides and subject to Section 62-8-201, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:
(1) select the form and timing of payments under a retirement plan, including election of survivor benefits, and withdraw benefits from a plan;
(2) make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;
(3) establish a retirement plan in the principal's name;
(4) make contributions to a retirement plan;
(5) exercise investment powers available under a retirement plan; and
(6) borrow from, sell assets to, or purchase assets from a retirement plan.
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 8 - South Carolina Uniform Power Of Attorney Act › Section 62-8-216. Taxes.

Unless the power of attorney otherwise provides and subject to Section 62-8-201, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:
(1) prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements pursuant to Internal Revenue Code 26 U.S.C. Section 2032A, as amended, closing agreements, and any power of attorney required by the Internal Revenue Service, including Form 2848 or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following twenty-five tax years;
(2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
(3) exercise any election available to the principal under federal, state, local, or foreign tax law; and
(4) act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 8 - South Carolina Uniform Power Of Attorney Act › Section 62-8-217. Gifts.

(a) In this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined in Internal Revenue Code 26 U.S.C. Section 529, as amended.
(b) Unless the power of attorney otherwise provides and subject to Section 62-8-201, language in a power of attorney granting general authority with respect to gifts authorizes the agent to:
(1) make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion pursuant to Internal Revenue Code 26 U.S.C. Section 2503(b), as amended, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to Internal Revenue Code 26 U.S.C. 2513, as amended, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and
(2) consent, pursuant to Internal Revenue Code 26 U.S.C. Section 2513, as amended, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
(3) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on:
(A) the value and nature of the principal's property;
(B) the principal's foreseeable obligations and need for maintenance;
(C) minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;
(D) eligibility for a benefit, a program, or assistance under a statute or regulation; and
(E) the principal's personal history of making or joining in making gifts.
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 8 - South Carolina Uniform Power Of Attorney Act › Section 62-8-401. Jurisdiction.

The probate court has concurrent jurisdiction with the circuit courts of this State over all subject matter related to the creation, exercise, construction, and termination of powers of attorney governed by the provisions of this article.
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 8 - South Carolina Uniform Power Of Attorney Act › Section 62-8-402. Relation to Electronic Signatures in Global and National Commerce Act.

This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 8 - South Carolina Uniform Power Of Attorney Act › Section 62-8-403. Effect on existing powers of attorney.

Except as otherwise provided in this article on the effective date of this act:
(a) this article applies to a power of attorney created on or after the effective date of this act;
(b) the procedural provisions of this article apply to a judicial proceeding concerning a power of attorney commenced on or after the effective date of this act;
(c) the applicable law in effect before the effective date of this act applies to a power of attorney created or restated before the effective date of this act;
(d) the procedural provisions of this article apply to a judicial proceeding concerning a power of attorney commenced before the effective date of this act unless the court finds that application of a procedural provision of this act would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that procedural provision does not apply and the applicable procedural provision in effect at the commencement of the judicial proceeding applies; and
(e) an act done before the effective date of this act is not affected by this act.
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 1 - State Policy And General Provisions › Section 63-1-30. Construction of title.

This title shall be liberally construed to the end that families whose unity or well-being is threatened shall be assisted and protected, and restored if possible as secure units of law-abiding members; and that each child coming within the jurisdiction of the court shall receive, preferably in his own home, the care, guidance and control that will conduce to his welfare and the best interests of the State, and that when he is removed from the control of his parents the court shall secure for him care as nearly as possible equivalent to that which they should have given him.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 1 - State Policy And General Provisions › Section 63-1-40. Definitions.

When used in this title and unless otherwise defined or the specific context indicates otherwise:
(1) "Child" means a person under the age of eighteen.
(2) "Court" means the family court.
(3) "Guardian" means a person who legally has the care and management of a child.
(4) "Judge" means the judge of the family court.
(5) "Parent" means biological parent, adoptive parents, step-parent, or person with legal custody.
(6) "Status offense" means any offense which would not be a misdemeanor or felony if committed by an adult, such as, but not limited to, incorrigibility (beyond the control of parents), truancy, running away, playing or loitering in a billiard room, playing a pinball machine or gaining admission to a theater by false identification.
(7) "Child caring facility" means a campus with one or more staffed residences and with a total population of twenty or more children who are in care apart from their parents, relatives, or guardians on a continuing full-time basis for protection and guidance.
(8) "Foster home" means a household of one or more persons who are licensed or approved to provide full-time care for one to five children living apart from their parents or guardians.
(9) "Residential group care home" means a staffed residence with a population fewer than twenty children who are in care apart from their parents, relatives, or guardians on a full-time basis.
HISTORY: 2008 Act No. 361, Section 2; 2023 Act No. 23 (S.342), Section 1, eff May 16, 2023.
Effect of Amendment
2023 Act No. 23, Section 1, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-10. Family courts created.

There hereby are created courts of limited jurisdiction to be known and designated in this title as "family courts." The number and boundaries of such family courts shall be the same as the judicial circuits. Each court shall bear the name of "The Family Court of __________ Judicial Circuit."
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-20. Family court judges.

(A) Each family court shall have one or more family court judges who shall devote full time to their duties as judges, shall be prohibited from engaging directly or indirectly in the practice of law except in the performance of their judicial duties and shall be bound by the Code of Judicial Conduct.
(B) One family court judge in each circuit shall be designated chief family court judge which designation shall be made by the Chief Justice of the Supreme Court. Such chief family court judge, in addition to his other judicial duties, shall perform such administrative duties as may be prescribed by the Chief Justice.
(C) The family courts shall be courts of record, and each family court judge shall appoint a court reporter and a secretary who shall hold office at the pleasure of the judge. The court reporter shall take down and record the testimony and judge's rulings and charges, and transcribe such portion of the proceedings as may be required. The court reporter and the secretary shall perform such other duties as the judge may prescribe.
(D) Records in the family court concerning juveniles shall be kept confidential as prescribed in Sections 63-7-1990 and 63-19-2020.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-30. Judges' qualifications and terms.

(A)(1) No person shall be eligible to the office of family court judge who is not at the time of his assuming the duties of such office a citizen of the United States and of this State, and has not attained the age of thirty-two years, has not been a licensed attorney at law for at least eight years, and has not been a resident of this State for five years next preceding his election, and is not a resident of the circuit wherein the family court of which he is a judge is located. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of family court judge.
(2) Any family court judge serving in office on the effective date of the provisions of this section requiring a family court judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future re-elections to the office of family court judge.
(B) Family court judges must be elected by the General Assembly for terms of six years and until their successors are elected and qualify.
(C) The terms of all family court judges expire on the thirtieth day of June of the year in which their terms are scheduled to expire.
(D) For the purpose of electing family court judges, if more than one judge is to be elected from a circuit, each judgeship in that circuit shall be serially numbered beginning with the number (1) and the General Assembly shall elect a judge for each such judgeship. Any candidate for the office of family court judge in a circuit shall specifically file and run for a serially-numbered judgeship in that circuit.
(E) When a vacancy occurs for an unexpired term in an office of family court judge, the Governor, upon recommendation of the Chief Justice, shall commission a temporary family court judge to fill such vacancy until such time as the General Assembly shall elect a successor who shall serve for the remainder of the unexpired term. Such temporary family court judge shall receive as compensation for his services the salary paid to a regular family court judge and in addition thereto shall also receive the subsistence and mileage as authorized by law for family court judges.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-50. Compensation of judges.

Family court judges shall receive such compensation as shall be provided by the General Assembly. The compensation of a family court judge shall not be reduced during his term of office. All family court judges shall also receive such subsistence and mileage as may be authorized by law for circuit court judges while holding court without the county in which the judge resides.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-60. Retirement for abolished officers.

A judge or master whose judicial office is eliminated by the provisions of this act shall be given credit for state retirement purposes for the time in which he served as judge or master under a formula to be determined by rule and regulation of the Public Employee Benefit Authority.
HISTORY: 2008 Act No. 361, Section 2.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1).
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-320. Rotation of judges.

All family court judges in a circuit, including the chief family court judge, shall rotate among all counties in the circuit as directed by the chief family court judge under the direction and supervision of the Chief Justice.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-340. Temporary assignment of judges.

The Chief Justice, in his discretion and based upon caseload requirements and need, may temporarily assign a family court judge to preside in another circuit other than the one in which he is a resident.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-360. Expenses of family courts.

The General Assembly shall in the annual general appropriations act provide for the salaries, equipment and supplies of family court judges and the court reporters and secretaries authorized by the provisions of subsection (C) of Section 63-3-20. All other costs necessary for the operation of the family court system in a county including the salaries of necessary support personnel shall be provided for by the governing body of that county.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-370. Fees and costs.

(A) In delinquency and neglect actions no court fee may be charged against and no witness fee is allowed to a party to a petition. No officer of this State or of a political subdivision of this State may receive a fee for the service of process or for attendance in court in the proceeding, except that in divorce proceedings the officer is allowed the fee provided by law and except when the sheriff or clerk of court has entered into a cooperative agreement with the South Carolina Department of Social Services pursuant to Title IV-D of the Social Security Act for the reimbursement of federal matching funds. All other persons acting under orders of the court may be paid for services or service of process fees provided by law for like services in cases before the circuit court, to be paid from the appropriation provided when the allowances are certified to by the judge.
(B) The sheriff, municipal police, constable, or any peace officer shall serve all papers in delinquency, dependency, and neglect cases without costs, except as provided for in subsection (A).
(C) In actions for support for the spouse or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department of Social Services and not directly, the court shall assess costs against the party required to pay the support in the amount of five percent of the support paid, which costs must be in addition to the support money paid. The revenue from the costs must be remitted as provided in Section 14-1-203.
By making the additional five percent payment on child support required by this subsection to the court or through the centralized wage withholding system operated by the Department of Social Services, the payor agrees:
(1) that this payment is in satisfaction of court costs assessed;
(2) that this payment is not child support under 45 CFR 302.51 but is in addition to all child support paid;
(3) to the distribution of this payment to the State for court costs.
(D) In actions initiated by the department pursuant to Section 63-7-1650 or 63-7-1660, the court, only after a hearing on the merits, may impose a fee of one hundred dollars against the defendant. If the court does not order removal of custody or intervention and protective services with the child remaining in the home, the fee must be waived. The court may assess the fee against any one defendant or apportion the fee among multiple defendants. The fee may be paid in installments as the court may order; however, the court may not assess a defendant a fee if the defendant's legal assistance is paid for with public funds or if the defendant is qualified for court appointment in accordance with Section 63-7-1620. The clerk of court shall collect the fee and remit it to the department. The department shall retain the fees remitted to be used to offset the expenses associated with its legal representation in child abuse and neglect cases.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-520. Traffic and wildlife jurisdiction.

(A) The magistrate courts and municipal courts of this State have concurrent jurisdiction with the family courts for the trial of persons under seventeen years of age charged with traffic violations or violations of the provisions of Title 50 relating to fish, game, and watercraft when these courts would have jurisdiction of the offense charged if committed by an adult.
(B) The family court shall report to the Department of Motor Vehicles all adjudications of a juvenile for moving traffic violations and other violations that affect the juvenile's privilege to operate a motor vehicle including, but not limited to, controlled substance and alcohol violations as required by other courts of this State pursuant to Section 56-1-330 and shall report to the Department of Natural Resources adjudications of the provisions of Title 50.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-540. Cooperation of agencies, government entities, and institutions.

The court is authorized to seek the cooperation of all societies or organizations, public or private, having for their object the protection or aid of delinquent or neglected children, to the end that the court may be assisted in every reasonable way to give to the children the care, protection, and assistance which will conserve their welfare. Every state, county, town, or municipal official or department shall assist and cooperate within his or its jurisdictional power to further the objects of this title. All institutions, associations, or other custodial agencies in which a child may be, coming within the provisions of this title, are required to give information to the court, or an officer appointed by it, the court or officer requires for the purposes of this title.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-545. Clerk of family court shall report the issuance, rescission, or termination of any permanent restraining orders and orders of protection.

(A) The clerk of the family court shall report to the State Law Enforcement Division, within five days, weekends and holidays excluded, the issuance, rescission, or termination of any:
(1) permanent restraining orders;
(2) family court orders of protection from domestic abuse act orders; or
(3) any other restraining orders, orders of protection, or other orders that prohibit a person from legally purchasing or possessing a firearm, including any and all orders referenced in Section 16-25-30, but only upon being directed to transmit such orders by the appropriate judge. For any form orders provided by Court Administration that may require transmission pursuant to this subsection, Court Administration shall include within the form order a checked box option that the judge may select when appropriate to order the clerk to transmit the appropriate information to SLED.
(B) The reporting required by this section must be made in a format approved by the State Law Enforcement Division and Court Administration.
HISTORY: 2021 Act No. 66 (H.3094), Section 10.D, eff October 1, 2021.
Editor's Note
2021 Act No. 66, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-550. Standing to institute a proceeding regarding neglected or delinquent child.

The parent or custodian of any child, an official of a child welfare board, any public official charged by law with the care of the poor, the recognized agents of any duly authorized agency, association, society or institution, any person having knowledge or information of a nature which convinces such person that a child is neglected or delinquent or that a child, by reason of its condition, environment or its own acts, is, in accordance with the provisions of this article, subject to the jurisdiction of the court or any person who has suffered injury through the delinquency of any such child or is concerned in its guardianship or adoption or an officer having an arrested child in charge may institute a proceeding respecting such child.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-570. Service of summons.

Service of summons and any process of the court shall be made as provided by law for service in the court of common pleas. Provided, that if the judge is satisfied that it is impracticable to serve personally the summons or the process, he may order service by registered or certified mail, addressed to the last known address, or by publication thereof, or both. It shall be sufficient to confer jurisdiction if service is effected at least forty-eight hours before the time fixed in the summons or process for the return thereof.
Service of summons, process or notice required by this title may be made by any suitable person under the direction of the court, and upon request of the court shall be made by any peace officer.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-580. Failure to obey summons.

If any person summoned as herein provided shall, without reasonable cause, fail to appear, he may be proceeded against for contempt of court. In case the summons or process cannot be served, or the parties served fail to obey the same, or in any case when it shall be made to appear to the judge that the service will be ineffectual, or that the welfare of the child requires that he be brought forthwith into custody of the court, a warrant may be issued for the child, parent or guardian of the child, or any person who may have control or possession of the child, to immediately bring the child before the court.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-590. Conduct of hearings.

All cases of children must be dealt with as separate hearings by the court and without a jury. The hearings must be conducted in a formal manner and may be adjourned from time to time. The general public must be excluded and only persons the judge finds to have a direct interest in the case or in the work of the court may be admitted. The presence of the child in court may be waived by the court at any stage of the proceedings. Hearings may be held at any time or place within the county designated by the judge. In any case where the delinquency proceedings may result in commitment to an institution in which the child's freedom is curtailed, the privilege against self-incrimination and the right of cross-examination must be preserved. In all cases where required by law, the child must be accorded all rights enjoyed by adults, and where not required by law the child must be accorded adult rights consistent with the best interests of the child.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-600. Rules for conduct of hearings.

Hearings shall be conducted in accordance with the rules of court, and the court may consider and receive as evidence the result of any investigation had or made by the probation counselor; provided, that either party shall be entitled to examine the probation counselor under oath thereon. The court may adjourn the hearing from time to time for proper cause. Where a petitioner's needs are so urgent as to require it, the court may make a temporary order for support pending a final determination.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-620. Penalties for adult violating title.

An adult who wilfully violates, neglects, or refuses to obey or perform a lawful order of the court, or who violates any provision of this chapter, may be proceeded against for contempt of court. An adult found in contempt of court may be punished by a fine, by a public works sentence, or by imprisonment in a local detention facility, or by any combination of them, in the discretion of the court, but not to exceed imprisonment in a local detention facility for one year, a fine of fifteen hundred dollars, or public works sentence of more than three hundred hours, or any combination of them. An adult sentenced to a term of imprisonment under this section may earn good time credits pursuant to Section 24-13-210 and work credits pursuant to Section 24-13-230 and may participate in a work/punishment program pursuant to Section 24-13-910.
HISTORY: 2008 Act No. 361, Section 2; 2010 Act No. 237, Section 90, eff June 11, 2010.
Effect of Amendment
The 2010 amendment substituted "public works" for "public work" and "detention facility" for "correctional facility" in two instances in the first sentence, and in the second sentence, deleted after the reference to Section 24-13-910 "unless his participation in any of these programs is prohibited by order of the sentencing judge".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-630. Appeals.

(A) Any appeal from an order, judgment, or decree of the family court shall be taken in the manner provided by the South Carolina Appellate Court Rules. The right to appeal must be governed by the same rules, practices, and procedures that govern appeals from the circuit court.
(B) The pendency of an appeal or application may not suspend the order of the family court regarding a child, nor shall it discharge the child from the custody of that court or of the person, institution, or agency to whose care the child shall have been committed; nor shall it suspend payments for support and maintenance of the wife and child.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-640. Post conviction proceedings.

Post conviction proceedings, including habeas corpus actions, shall be instituted in the court in which the original action was concluded; provided, however, that the family courts shall also have original jurisdiction of habeas corpus actions if the person who is the subject of the action would otherwise be within the jurisdiction of the family court.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-810. Appointment.

(A) In a private action before the family court in which custody or visitation of a minor child is an issue, the court may appoint a guardian ad litem only when it determines that:
(1) without a guardian ad litem, the court will likely not be fully informed about the facts of the case and there is a substantial dispute which necessitates a guardian ad litem; or
(2) both parties consent to the appointment of a guardian ad litem who is approved by the court.
(B) The court has absolute discretion in determining who will be appointed as a guardian ad litem in each case. A guardian ad litem must be appointed to a case by a court order.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-840. Mediation prohibition.

A guardian ad litem must not mediate, attempt to mediate, or act as a mediator in a case to which he has been appointed. However, nothing in this section shall prohibit a guardian ad litem from participating in a mediation or a settlement conference with the consent of the parties.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-850. Compensation.

(A) At the time of appointment of a guardian ad litem, the family court judge must set forth the method and rate of compensation for the guardian ad litem, including an initial authorization of a fee based on the facts of the case. If the guardian ad litem determines that it is necessary to exceed the fee initially authorized by the judge, the guardian must provide notice to both parties and obtain the judge's written authorization or the consent of both parties to charge more than the initially authorized fee.
(B) A guardian appointed by the court is entitled to reasonable compensation, subject to the review and approval of the court. In determining the reasonableness of the fees and costs, the court must take into account:
(1) the complexity of the issues before the court;
(2) the contentiousness of the litigation;
(3) the time expended by the guardian;
(4) the expenses reasonably incurred by the guardian;
(5) the financial ability of each party to pay fees and costs; and
(6) any other factors the court considers necessary.
(C) The guardian ad litem must submit an itemized billing statement of hours, expenses, costs, and fees to the parties and their attorneys pursuant to a schedule as directed by the court.
(D) At any time during the action, a party may petition the court to review the reasonableness of the fees and costs submitted by the guardian ad litem or the attorney for the guardian ad litem.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 3 - Family Court › Section 63-3-860. Disclosure.

A guardian ad litem appointed by the family court in a custody or visitation action must, upon notice of the appointment, provide written disclosure to each party:
(1) of the nature, duration, and extent of any relationship the guardian ad litem or any member of the guardian's immediate family residing in the guardian's household has with any party;
(2) of any interest adverse to any party or attorney which might cause the impartiality of the guardian ad litem to be challenged;
(3) any membership or participation in any organization related to child abuse, domestic violence, or drug and alcohol abuse.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 5 - Legal Status Of Children › Section 63-5-10. Spousal and child support.

A husband or wife declared to be chargeable with the support of his or her spouse and children, if possessed of sufficient means or able to earn such means, may be required to pay for their support a fair and reasonable sum according to his or her means, as may be determined by the court.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 5 - Legal Status Of Children › Section 63-5-20. Obligation to support.

(A) Any able-bodied person capable of earning a livelihood who shall, without just cause or excuse, abandon or fail to provide reasonable support to his or her spouse or to his or her minor unmarried legitimate or illegitimate child dependent upon him or her shall be deemed guilty of a misdemeanor and upon conviction shall be imprisoned for a term of not exceeding one year or be fined not less than three hundred dollars nor more than one thousand five hundred dollars, or both, in the discretion of the circuit court. A husband or wife abandoned by his or her spouse is not liable for the support of the abandoning spouse until such spouse offers to return unless the misconduct of the husband or wife justified the abandonment. If a fine be imposed the circuit court may, in its discretion, order that a portion of the fine be paid to a proper and suitable person or agency for the maintenance and support of the defendant's spouse or minor unmarried legitimate or illegitimate child. As used in this section "reasonable support" means an amount of financial assistance which, when combined with the support the member is reasonably capable of providing for himself or herself, will provide a living standard for the member substantially equal to that of the person owing the duty to support. It includes both usual and unusual necessities.
(B) Any person who fails to receive the support required by this section may petition to a circuit court of competent jurisdiction for a rule to show cause why the obligated person should not be required to provide such support and after proper service and hearing the circuit court shall in all appropriate cases order such support to be paid. Any such petition shall specify the amount of support required. Compliance with the circuit court order shall bar prosecution under the provisions of subsection (A) of this section.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 5 - Legal Status Of Children › Section 63-5-30. Rights and duties of parents regarding minor children.

The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 5 - Legal Status Of Children › Section 63-5-40. Breastfeeding.

(A) A woman may breastfeed her child in any location where the mother and her child are authorized to be.
(B) Breastfeeding a child in a location where the mother is authorized to be is not considered indecent exposure.
HISTORY: 2008 Act No. 361, Section 2.