SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE
S
TATEMENT OF ESTIMATED FISCAL IMPACT
WWW.RFA.SC.GOV • (803)734-3793
This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of
the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation.
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H. 3638
Fiscal Impact Summary
This bill provides that a parent of a minor has the fundamental right to direct the upbringing,
education, and care, including healthcare, of the minor. These parental rights include the
authority to make all healthcare decisions and consent to all healthcare on behalf of the minor
and all rights to access the minor’s medical records. The bill further provides that the state may
not substantially burden these parental rights except in certain circumstances.
The bill also requires a person or healthcare provider to obtain parental consent before procuring,
providing, or rendering healthcare to a minor except in certain circumstances. Additionally, the
bill allows a parent to assert a violation of the provisions of the bill as a claim or defense in
certain judicial or administrative proceedings, subject to a statute of limitations, and provides
remedies. The Attorney General may also bring actions to enforce compliance with the
provisions of the bill.
Judicial indicates that this bill may impact caseloads in common pleas and family court.
However, Judicial anticipates that any increases in caseloads can be managed with existing
appropriations. Therefore, this bill will have no expenditure impact on Judicial.
The expenditure impact of this bill on the Attorney General’s Office is pending, contingent upon
a response.
This bill will have no expenditure impact on the Department of Social Services (DSS), the
Department of Juvenile Justice (DJJ), and the S.C. Department of Education (SCDE). The
departments indicate that they can manage the provisions of the bill with existing appropriations.
The Governor’s School for the Arts and Humanities, the Governor’s School for Science and
Mathematics, the School for the Deaf and the Blind, and the Wil Lou Gray Opportunity School
indicate that this bill will have no impact on expenditures since any expenses can be managed
with existing appropriations. Based upon these responses, we do not anticipate that the bill will
have an expenditure impact for the Governor’s School for Agriculture at John de la Howe.
This bill may result in an increase in the fines and fees collected in court. Court fines and fees are
distributed to the General Fund, Other Funds, and local funds. Therefore, the Revenue and Fiscal
Bill Number: H. 3638 Introduced on Januar
y 14, 2025
Subject: Parental Ri ghts
Requestor: House Medical, Military, Public, and Municipal Affairs
RFA Analyst(s): Bryant
Impact Date: February 5, 2025
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H. 3638
Affairs Office (RFA) anticipates that this bill may result in a change to General Fund, Other
Funds, and local revenue due to the change in fines and fees collections in court.
SCDE surveyed the seventy-two regular school districts and the three charter districts regarding
the expenditure impact of this bill and received responses from twenty districts. Fifteen of the
responding districts indicate that the bill will have no expenditure impact. Three districts report
that the bill may increase expenses by an amount ranging from $10,000 to $261,184 for
equipment, additional staff and training, and potential legal costs. One district anticipates the
need for emergency medical equipment and supplies so that healthcare providers may render
healthcare to a minor in the event the provider reasonably determines an emergency exists. One
district reports the need to hire 4.0 FTEs to serve as social workers or parent liaisons, as the
district anticipates that the implementation of the bill may increase the number of in-person
interactions between parents and staff and may require additional training. One district indicates
the need for additional funding to prepare for potential litigation. The remaining two districts
indicate that the bill may increase expenses due to legal costs but cannot quantify the costs.
Based upon these responses, the expenditure impact on local school districts will vary by district.
Explanation of Fiscal Impact
Introduced on January 14, 2025
State Expenditure
This bill provides that a parent of a minor has the fundamental right to direct the upbringing,
education, and care, including healthcare, of the minor. These parental rights include the
authority to make all healthcare decisions and consent to all healthcare on behalf of the minor
and all rights to access the minor’s medical records. The bill further provides that the state may
not substantially burden these parental rights except in certain circumstances. Currently, a minor
who reaches the age of sixteen years may consent to any health services from a person
authorized by law to provide the particular health service and the consent of no other person is
necessary unless the service involves an operation.
The bill also requires a person or healthcare provider to obtain parental consent before procuring,
providing, or rendering healthcare to a minor except in certain circumstances. Currently, health
services of any kind may be rendered to minors of any age without the consent of a parent or
legal guardian when, in the judgment of a person authorized by law to render a particular health
service, such services are deemed necessary unless the service involves an operation.
Additionally, the bill allows a parent to assert a violation of the provisions of the bill as a claim
or defense in certain judicial or administrative proceedings, subject to a statute of limitations, and
obtain compensatory damages, injunctive relief, declaratory relief, attorneys’ fees, court costs,
and any other appropriate relief. The Attorney General may also bring actions to enforce the
provisions of the bill.
Judicial. This bill allows a parent to assert a violation of the provisions of the bill as a claim or
defense in certain judicial or administrative proceedings. Judicial indicates that this bill may
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H. 3638
impact caseloads in common pleas and family court. However, Judicial anticipates that any
increases in caseloads can be managed with existing appropriations.
Attorney General’s Office. This bill authorizes the Attorney General to bring a civil action
against a person who violates the provisions of the bill. The expenditure impact of this bill on the
Attorney General’s Office is pending, contingent upon a response.
Department of Social Services. This bill will have no expenditure impact on DSS. DSS
indicates that the bill requires the department to perform activities already conducted in the
normal course of business.
Department of Juvenile Justice. DJJ indicates that this bill will have no impact on
expenditures. The department can manage the provisions of the bill with existing appropriations.
S.C. Department of Education. SCDE indicates that this bill will have no impact on
expenditures. The department can manage the provisions of the bill with existing appropriations.
State Agency Schools. The Governor’s School for the Arts and Humanities, the Governor’s
School for Science and Mathematics, the School for the Deaf and the Blind, and the Wil Lou
Gray Opportunity School indicate that this bill will have no impact on expenditures since any
expenses to implement the provisions of the bill can be managed with existing appropriations.
Based upon these responses, we do not anticipate that the bill will have an expenditure impact
for the Governor’s School for Agriculture at John de la Howe.
State Revenue
This bill may result in an increase in the fines and fees collected in 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 increase in General Fund and Other Funds revenue due to the increase in
fines and fees collections in court.
Local Expenditure
This bill provides that a parent of a minor has the fundamental right to direct the upbringing,
education, and care, including health care, of the minor. These parental rights include the
authority to make all healthcare decisions and consent to all healthcare on behalf of the minor
and all rights to access the minor’s medical records. The bill also requires a person or healthcare
provider to obtain parental consent before procuring, providing, or rendering healthcare to a
minor except in certain circumstances. Further, the bill allows a parent to assert a violation of the
provisions of the bill as a claim or defense in certain judicial or administrative proceedings,
subject to a statute of limitations, and provides remedies.
SCDE surveyed the seventy-two regular school districts and the three charter districts regarding
the expenditure impact of this bill and received responses from twenty districts. Fifteen of the
responding districts indicate that the bill will have no expenditure impact. Three districts report
that the bill may increase expenses by an amount ranging from $10,000 to $261,184 for
equipment, additional staff and training, and potential legal costs. One district anticipates the
__________________________________
Frank A. Rainwater, Executive Director
DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE
AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT. IT IS PROVIDED AS INFORMATION TO
THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT.
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H. 3638
need for emergency medical equipment and supplies so that healthcare providers may render
healthcare to a minor in the event the provider reasonably determines an emergency exists. One
district reports the need to hire 4.0 FTEs to serve as social workers or parent liaisons, as the
district anticipates that the implementation of the bill may increase the number of in-person
interactions between parents and staff and may require additional training. One district indicates
the need for additional funding to prepare for potential litigation. The remaining two districts
indicate that the bill may increase expenses due to legal costs but cannot quantify the costs.
Based upon these responses, the expenditure impact on local school districts will vary by district.
Local Revenue
This bill may result in an increase in the fines and fees collected in 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 increase in local revenue due to the increase in fines and fees collections in
court.