The bill H. 3612 seeks to amend Section 63-7-2570 of the South Carolina Code of Laws, which outlines the grounds for the termination of parental rights. The amendments specifically clarify the criteria for determining wilful failure to visit and support a child by an incarcerated parent. For both visitation and support, the court is required to consider the nature of the parent-child relationship prior to incarceration, the parent's ability to visit or support the child while incarcerated, and any third-party support provided on behalf of the incarcerated parent. The bill establishes a presumption that an incarcerated parent may lack the ability to visit or support their child, which must be taken into account during legal proceedings.

The proposed changes aim to ensure that the circumstances of incarcerated parents are fairly evaluated in cases of parental rights termination. The bill emphasizes that incidental visitations should not weigh heavily in court decisions and that the distance of the child's placement from the parent's home is a relevant factor. Overall, the amendments are designed to provide a more nuanced understanding of parental responsibilities in the context of incarceration, thereby protecting the rights of both the child and the parent.

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