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 in custody.

Additionally, the bill stipulates that for the failure to support a child, the court must take into account the parent's contributions before and during incarceration, as well as their ability to provide support while incarcerated. It emphasizes that if an incarcerated parent cannot make material contributions to the child's care, the court should not conclude that their failure to support reflects a settled purpose to abandon their parental duties. Overall, the bill seeks to ensure that the unique circumstances of incarcerated parents are fairly considered in matters of parental rights termination.

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