South Carolina H 3502: Department of Social Services

Bill Text

2025-2026 Bill 3502 Text of Previous Version (Feb. 06, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3502

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter 
Stricken

Indicates New Matter

Committee Report

February 6, 2025

H. 3502

Introduced by Reps. Bannister, Rutherford, 
Caskey, Erickson, Weeks, Davis, Mitchell, Spann-Wilder and Pedalino 

S. Printed 2/6/25--H.

Read the first time January 14, 2025

________

The committee on House Judiciary

To whom was referred a Bill (H. 3502) to amend 
the South Carolina Code of Laws by amending Sections 63-7-10 and 63-7-1620, 
relating to principles of the child welfare system and legal representation, 
etc., respectfully

Report:

That they have duly and carefully considered 
the same, and recommend that the same do pass:

W. NEWTON for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill clarifies that legal 
representatives of DSS must ensure that child welfare and safety are the 
predominant basis of all agency recommendations and decisions pertaining to 
abuse and neglect proceedings. The legal representatives of DSS have the sole 
discretion on behalf of the agency over whether to file a child abuse or 
neglect petition in the family court and any decisions regarding the pursuit, 
settlement, or appeal of a pending action.

This bill will have no expenditure impact 
for DSS or Judicial. DSS indicated that this bill clarifies the roles and 
responsibilities of DSS counsel, relative to case management staff, in determining 
whether to advance with child welfare court proceedings. Therefore, this bill 
does not modify the responsibilities of the agency. Additionally, Judicial 
anticipates any change due to the bill in family court proceedings can be 
managed within existing appropriations.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTIONS 63-7-10 AND 63-7-1620, RELATING TO PRINCIPLES OF THE CHILD WELFARE 
SYSTEM AND LEGAL REPRESENTATION OF THE DEPARTMENT OF SOCIAL SERVICES IN CHILD 
ABUSE AND NEGLECT PROCEEDINGS, RESPECTIVELY, SO AS TO CLARIFY THAT LEGAL 
REPRESENTATIVES OF THE DEPARTMENT MUST ENSURE THAT CHILD WELFARE AND SAFETY ARE 
THE PREDOMINANT BASIS OF ANY RECOMMENDATIONS AND DECISIONS AND THAT LEGAL 
REPRESENTATIVES OF THE DEPARTMENT HAVE THE SOLE DISCRETION OVER DECISIONS PERTAINING 
TO CHILD WELFARE PROCEEDINGS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 63-7-10(A) of the S.C. Code is amended by 
adding:

 (14) Legal representatives of the 
Department of Social Services must ensure that the child's welfare and safety 
are the predominant basis of all department recommendations and decisions 
pertaining to abuse and neglect proceedings.

SECTION 2. Section 63-7-1620(4) of the S.C. Code is amended to 
read:

 (4) The interests of the State and the 
Department of Social Services must be represented by the legal representatives 
of the Department of Social Services in any judicial proceeding, who shall ensure that the child's welfare and safety are the 
predominant basis of any department recommendations and decisions and who shall 
have sole discretion on behalf of the department whether to file a child abuse 
or neglect petition in the family court. The attorney acting as the legal 
representative in a particular proceeding shall have sole discretion on behalf 
of the department over any decisions regarding the pursuit, settlement, or 
appeal of a pending action.

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on February 06, 2025 at 03:27 PM