S0823 amends South Carolina child welfare and adoption law to give family courts explicit authority to consider and enter no-contact or supervised-contact orders when terminating parental rights or issuing final adoption decrees. The bill defines “contact” broadly to include direct and indirect communication, such as calls, texts, social media, mail, and third-party contact. In both termination and adoption cases, the court may impose an order if needed to protect the child’s safety, welfare, or attachment to the adoptive family or caregiver, and if the court declines to do so it must state written findings on the record.
The bill also sets out factors the court must consider, including any history of violence, stalking, harassment, abuse, neglect, abduction attempts, the child’s age and preference, the existing relationship with the biological parent or relative, and whether supervised contact could reduce risk. It allows violations to be enforced through civil contempt and permits later modification or termination of the order if doing so is in the child’s best interests. The orders generally remain in effect until the child turns 18 unless changed earlier by the court, and the child is not penalized for initiating contact.
Impact
The bill would add new Sections 63-7-2630 and 63-9-765 to Title 63 of the South Carolina Code, expanding family court authority in termination-of-parental-rights and adoption proceedings. It shifts the decision about whether to impose no-contact or supervised-contact restrictions from administrative practice at DSS to the court, while preserving limited disclosure for medical, educational, and law-enforcement purposes. It also creates a formal enforcement mechanism through civil contempt and may increase family court filings related to enforcement, modification, or termination of these orders, though the fiscal note says the impact should be manageable within existing appropriations.
Sentiment
The bill appears to have broad support and little recorded opposition. It passed the Senate unanimously on second and third reading and later passed the House unanimously as well. The committee report recommended passage, and the fiscal note did not identify a significant state expenditure impact beyond possible manageable court workload changes.
Contention
The main policy question is how much discretion family courts should have to restrict contact between children and biological parents or relatives after parental rights are terminated or an adoption is finalized. Support for the bill is reflected in its unanimous votes and committee approval, suggesting consensus around giving courts clearer tools to protect children and adoptive placements. Any potential concern centers on the breadth of the contact restrictions, the possibility of increased litigation or contempt proceedings, and the balance between child safety, family connections, and post-adoption contact, but no formal opposition is reflected in the available record.
Similar To
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTIONS 63-7-2630 AND 63-9-765 SO AS TO REQUIRE FAMILY COURTS TO CONSIDER THE APPROPRIATENESS OF NO-CONTACT ORDERS OR SUPERVISED-CONTACT ORDERS WHEN TERMINATING PARENTAL RIGHTS OR FINALIZING ADOPTIONS; TO AUTHORIZE THESE ORDERS; AND FOR OTHER PURPOSES.