South Carolina Code 63-7-940. Use of unfounded case information
(1) a prosecutor or law enforcement officer or agency, for purposes of investigation of a suspected false report pursuant to § 63-7-440;
Terms Used In South Carolina Code 63-7-940
- Child: means a person under the age of eighteen. See South Carolina Code 63-7-20
- Conviction: A judgement of guilt against a criminal defendant.
- Court: means the family court. See South Carolina Code 63-7-20
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Social Services. See South Carolina Code 63-7-20
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Judge: means the judge of the family court. See South Carolina Code 63-1-40
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Near fatality: means an act of abuse or neglect that, as certified by a physician, places a child in serious or critical condition. See South Carolina Code 63-7-20
- Oversight: Committee review of the activities of a Federal agency or program.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Unfounded report: means a report made pursuant to this chapter for which there is not a preponderance of evidence to believe that the child is abused or neglected. See South Carolina Code 63-7-20
(2) the department or a law enforcement officer or agency, for the purpose investigating allegations of abuse or neglect;
(3) the department or a law enforcement officer or agency, when information is received that allows the reopening of a Category III unfounded report pursuant to § 63-7-920(A);
(4) as evidence in a court proceeding, if admissible under the rules of evidence as determined by a judge of competent jurisdiction;
(5) a person who is the subject of a report in an action brought by a prosecutor or by the department, if otherwise subject to discovery under the applicable rules of procedure;
(6) the department, for program improvement, auditing, and statistical purposes;
(7) as authorized in § 63-7-2000;
(8) the Department of Child Fatalities pursuant to § 63-11-1960;
(9)(a) the director or his designee who may disclose information to respond to an inquiry by a committee or subcommittee of the Senate or the House of Representatives or a joint committee of the General Assembly, which is engaged in oversight or investigating the activities of the department, provided that such information is reviewed in closed session and kept confidential. Notwithstanding the provisions of Chapter 4 of Title 30, meetings to review information disclosed pursuant to this subitem must be held in closed session and any documents or other materials provided or reviewed during the closed session are not subject to public disclosure;
(b) the department shall state that the case was unfounded when disclosing information pursuant to this item; and
(10)(a) the state director or the director’s designee, for the purpose of publicly disclosing findings or information about a prior unfounded case of child abuse or neglect in the preparation and release of reports pursuant to § 63-7-1990(H), provided that the disclosed information is limited to the following:
(i) the cause and circumstances regarding the child fatality or near fatality;
(ii) the age and gender of the child;
(iii) information describing any previous reports of child abuse or neglect that are pertinent to the abuse or neglect that led to the child fatality or near fatality;
(iv) information describing any previous investigations pertinent to the abuse or neglect that led to the child fatality or near fatality;
(v) the result of any such investigations; and
(vi) the services provided by the State and actions of the State on behalf of the child that are pertinent to the child abuse or neglect that led to the child fatality or near fatality.
(b) The department may delay public disclosure of findings or information pursuant to this item if the disclosure of the findings or information would threaten the safety or well-being of a child or the child’s family, or if disclosure of the findings or information would impede a criminal investigation or endanger a reporter of abuse or neglect.
(B) Except as authorized in this section, no person may disseminate or permit dissemination of information maintained pursuant to subsection (A). A person who disseminates or permits dissemination in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both. A person aggrieved by an unlawful dissemination in violation of this subsection may bring a civil action to recover damages incurred as a result of the unlawful act and to enjoin its dissemination or use.