The "Child Financial Assistance Act" aims to establish a civil process in South Carolina for minor children whose parent or guardian has died due to the actions of another person. Under the proposed legislation, a surviving parent or guardian can petition the circuit court for financial assistance from the individual responsible for the death, regardless of any ongoing legal proceedings related to that death. The court will conduct an evidentiary hearing to determine if the accused caused the death and, if so, will assess the appropriate financial support needed for the child until they turn sixteen. The bill outlines various factors to be considered in determining the financial assistance, including the child's needs, the deceased parent's support, and the financial resources of both the surviving guardian and the responsible party.

Additionally, the bill amends existing laws regarding restitution for crime victims to ensure that financial assistance for the child is not deducted from any damages awarded for the parent's death. It specifies that any restitution ordered must be paid directly to the child's caregiver for the child's benefit. The legislation also includes provisions for enforcing the financial assistance orders, including wage withholding for non-compliance, and establishes that any arrears must be addressed upon the release of a person from incarceration. The act will take effect upon the Governor's approval.

Statutes affected:
03/26/2026: 17-25-322
Latest Version: 17-25-322