South Carolina 2025-2026 Regular Session

South Carolina House Bill H3612

Introduced
1/14/25  

Caption

Termination of Parental Rights

Impact

If enacted, H3612 would significantly impact family law in South Carolina, particularly in cases where one parent is incarcerated. The bill ensures that courts review the nature of parent-child relationships prior to incarceration, as well as any prior efforts made by the parent to support or communicate with their child. This paints a more comprehensive picture of the parent's duties and relationships, potentially leading to more just outcomes in custody and support decisions.

Summary

House Bill H3612 aims to amend the South Carolina Code of Laws specifically addressing the grounds for the termination of parental rights, particularly concerning incarcerated parents. The bill revises Section 63-7-2570, clarifying circumstances under which a parent's rights can be terminated due to willful failure to either visit or support their child. A notable aspect of this bill is the recognition of the unique challenges faced by incarcerated parents, ensuring that their ability to communicate or visit their child is taken into account when assessing parental rights.

Conclusion

Overall, H3612 represents a noteworthy attempt to adapt family law in South Carolina to more equitably address the complexities of parenting within the context of incarceration. Its success and acceptance will depend on careful discussions and considerations from all stakeholders involved in child welfare and family law.

Contention

One point of contention surrounding H3612 may stem from its criteria for assessing parental rights for incarcerated individuals, which could lead to disputes about how much weight should be given to prior communication or support efforts. Opponents may argue that the bill could inadvertently favor incarcerated parents over the rights and needs of the child, while proponents might contend that the bill allows for a fair assessment of each parent's situation, promoting the overall welfare of the child.

Companion Bills

No companion bills found.

Previously Filed As

SC H4124

DHEC Restructuring

SC H5407

South Carolina Student Physical Privacy Act

SC H4677

Maddie's Law

SC S1211

Debi Price

SC H5243

Health Care Market Reform Measures Study Committee

SC H4269

Wendell M. Manigault, Jr., community service

SC H5412

Newberry Middle Schooler David Smith, Jr.

SC H5501

Day of Prayer

SC H4757

Retirement of No. Chas. Mayor R. Keith Summey

Similar Bills

CA AB2142

Prisons: mental health.

CA AB292

Corrections: rehabilitative programming.

CA SB551

Corrections and rehabilitation: state policy.

MA H3955

For second look

MA H1755

For second look

CA AB1723

Crimes: local carceral facility visitation.

CA AB812

Recall and resentencing: incarcerated firefighters.

MI SB0321

Criminal procedure: sentencing; resentencing upon petition of certain prisoners; provide process for. Amends secs. 12 & 25, ch. IX of 1927 PA 175 (MCL 769.12 & 769.25) & adds secs. 27a, 27b, 27c, 27d, 27e, 27f, 27g & 27h to ch. IX.