The bill H. 3612 aims to amend Section 63-7-2570 of the South Carolina Code of Laws, which outlines the grounds for the termination of parental rights. The proposed changes specifically address the circumstances under which an incarcerated parent may be deemed to have wilfully failed to visit or support their child. The bill clarifies that when evaluating an incarcerated parent's failure to visit, the court must consider the nature of the parent-child relationship prior to incarceration, the extent of contact during incarceration, and whether the parent had the ability to visit or communicate with the child. It establishes a presumption that an incarcerated parent lacks the ability to visit or communicate with their child, which protects them from being judged for failing to do so while in prison.

Additionally, the bill stipulates that for an incarcerated parent’s failure to provide support, the court must take into account the parent-child relationship and any material contributions made before and during incarceration. It emphasizes that if the parent is unable to make material contributions while incarcerated, this should not be interpreted as a settled intention to neglect their parental duties. The bill also allows the court to consider any third-party support provided on behalf of the incarcerated parent when determining their ability to support the child. This legislation is designed to ensure that the unique circumstances of incarcerated parents are fairly considered in matters of parental rights.

Statutes affected:
12/12/2024: 63-7-2570
Latest Version: 63-7-2570