S 823

South Carolina General Assembly
126th Session, 2025-2026
Bill 823
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Committee Report
May 6, 2026
S. 823
Introduced
by Senators Reichenbach, Hutto, Devine and Walker
S. Printed 5/6/26--H.
Read the first time March 26, 2026
________
The committee on House Judiciary
To whom was referred a Bill (S. 823) to amend
the South Carolina Code of Laws by adding Sections 63-7-2630 and 63-9-765 so as
to require family courts to consider the appropriateness of no contact orders, 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 requires family courts entering
orders terminating parental rights or final decrees of adoption to consider
whether a no-contact or supervised-contact order between a child and any
biological parent or relative is necessary to protect the child's safety,
welfare, or attachment to the adoptive family or other caregiver. If the court
determines that a no-contact or supervised-contact order is not necessary, the
court must make written findings on the record stating the factual basis for
that determination.
Under this bill, a violation of a
no-contact order may be enforced by civil contempt. Additionally, upon motion
of any party or the child, if of sufficient age and maturity, the court may
modify or terminate a no-contact order or supervised-contact order upon a
showing that modification is in the child's best interests.
DSS currently makes decisions on whether to
allow contact between a child and any biological parent or relative, especially
in cases involving the termination of parental rights. This bill moves the
issuance of no-contact or supervised-contact orders in these cases to the
family courts. Any resources made available due to this shift will be
reallocated to other needs within the agency. Therefore, this bill will have no
fiscal impact on DSS.
This bill may result in an increase in the
number of family court cases since these orders are enforceable by civil
contempt and this bill provides for modification or termination of these
orders. Judicial anticipates that the potential impact of the caseload in
family court can be managed within existing appropriations. However, if the
bill has an unanticipated impact on caseloads or downstream expenses, Judicial
will request an increase in General Fund appropriations.
Frank A. Rainwater, Executive Director
Revenue and Fiscal Affairs Office
_______
A bill
TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY ADDING SECTIONS 63-7-2630 AND 63-9-765 SO AS TO
REQUIRE FAMILY COURTS TO CONSIDER THE APPROPRIATENESS OF NO CONTACT ORDERS OR
SUPERVISED-CONTACT ORDERS WHEN TERMINATING PARENTAL RIGHTS OR FINALIZING
ADOPTIONS; TO AUTHORIZE THESE ORDERS; AND FOR OTHER PURPOSES.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Article 7, Chapter 7, Title 63 of the S.C. Code is
amended by adding:
    Section
63-7-2630. (A) For purposes of this
section:
       (1)
"Contact" means any in-person contact, telephone call, text message, electronic
communication, including social media, mail, third-party communication, or
attempt to effectuate communication directed to the child or any caregiver of
the child.
       (2)
"No contact order" means a court order prohibiting all contact as that term is
defined in this section.
       (3)
"Supervised-contact order" means a court order permitting contact only in the
presence of, and under the supervision of, a court-approved individual and
subject to any conditions the court may impose.
    (B)
Upon motion of any party, except for a person who is the subject of the
termination of parental rights action, or at the discretion of the court, when
the court enters an order terminating parental rights pursuant to this article,
the court may:
       (1)
consider whether a no contact order or supervised-contact order between the
child and any biological parent or relative is necessary to protect the child's
safety, welfare, or attachment to the prospective adoptive family or other
caregiver; and
       (2)
if the court determines that a no contact order or supervised-contact order is
not necessary, make written findings on the record stating the factual basis
for that determination.
    (C)
In making a determination pursuant to subsection (B), the court shall consider,
where relevant:
       (1)
any history of violence, stalking, harassment, threats, or unlawful
interference by the biological parent or relative;
       (2)
credible allegations of abuse or neglect or attempts to abduct or remove the
child or a sibling from lawful custody;
       (3)
the child's age, maturity, and expressed preference, if of sufficient age to
form an intelligent preference;
       (4)
the nature and quality of any existing relationship between the child and the
biological parent or relative;
       (5)
the effect of contact on the child's safety, stability, and attachment to the prospective
adoptive family or other caregiver; and
       (6)
any proposed plan for supervised contact and whether it adequately mitigates
identified risks.
    (D)(1) The court may include a no contact
order or supervised-contact order in the final termination of parental rights
order when necessary to protect the child or, upon motion of any party to the
action, except a person who is the subject of the termination of parental
rights action, or at the discretion of the court, may amend a termination of
parental rights order to include a no contact order or supervised-contact order.
       (2)
A violation of a no contact order entered pursuant to this section may be
enforced by civil contempt and may be referred to law enforcement for criminal
investigation as appropriate.
    (E)
Nothing in this section prevents the limited disclosure of non-contact
information necessary for medical care, education, or law enforcement purposes,
provided disclosure does not enable direct or indirect contact in violation of
this section.
    (F) A
no contact order or supervised-contact order entered pursuant to this section
remains in effect until the child reaches eighteen years of age, unless
modified or terminated earlier by the court.
    (G) A
no contact order or supervised-contact order entered pursuant to this section
restrains the biological parent or relative and does not prohibit the child
from initiating contact. The child is not subject to enforcement or penalty for
initiating contact.
    (H)
Upon motion of any party or the child, if of sufficient age and maturity, the
court may modify or terminate a no contact order or supervised-contact order
upon a showing that modification is in the child's best interests.
    (I) In
response to a motion by a party or a request from the court, pursuant to
subsection (B) or subsection (D), any party to a termination of parental rights
action, or any party to a former termination of parental rights action
involving a sibling of the child who is the subject of the current action, who has
actual knowledge of the following, shall bring the evidence to the attention of
the court for the court's consideration in issuing a no contact order or
supervised-contact order:
       (1)
incident reports where a party to the termination of parental rights action was
alleged to have committed a criminal offense against the child, or a sibling of
the child, who is the subject of the termination of parental rights action;
       (2)
arrest records of a party to the termination of parental rights action or other
evidence that shows the party was arrested for a criminal offense against the
child, or a sibling of the child, who is the subject of the termination of
parental rights action;
       (3)
arrest records of a party to the termination of parental rights action or other
evidence that shows the party was convicted of a criminal offense against the
child, or a sibling of the child, who is the subject of the termination of
parental rights action; or
       (4)
documented history of an indicated case of abuse or neglect against a party to
the termination of parental rights action where the party was the alleged
perpetrator of child abuse or neglect or harm against the child, or against a
sibling of the child, who is the subject of the termination of parental rights
action, if the party is named in the Central Registry of Child Abuse and
Neglect or if such documented history of an indicated case is less than seven
years old at the time of the filing of the termination of parental rights
action.
    (J) Nothing
in this section limits the authority of an adoptive parent or other caregiver
not to consent to contact where a no contact order or supervised-contact order has
been modified or terminated by the court.
SECTION 2.  Subarticle 7, Article 1, Chapter 9, Title 63 of the
S.C. Code is amended by adding:
    Section
63-9-765.  (A) For purposes of this
section:
       (1)
"Contact" means any in-person contact, telephone call, text message, electronic
communication, including social media, mail, third-party communication, or
attempt to effectuate communication directed to the child or any caregiver of
the child.
       (2)
"No contact order" means a court order prohibiting all contact as that term is
defined in this section.
       (3)
"Supervised-contact order" means a court order permitting contact only in the
presence of, and under the supervision of, a court-approved individual and
subject to any conditions the court may impose.
    (B)
Upon motion of any party or at the discretion of the court, when the court
enters a final decree of adoption pursuant to this article, the court may:
       (1)
consider whether a no contact order or supervised-contact order between the
child and any biological parent or relative is necessary to protect the child's
safety, welfare, or attachment to the adoptive family; and
       (2)
if the court determines that a no contact order or supervised-contact order is
not necessary, make written findings on the record stating the factual basis
for that determination.
    (C) In
making a determination pursuant to subsection (B), the court shall consider,
where relevant:
       (1)
any history of violence, stalking, harassment, threats, or unlawful
interference by the biological parent or relative;
       (2)
credible allegations of abuse or neglect or attempts to abduct or remove the
child or a sibling from lawful custody;
       (3)
the child's age, maturity, and expressed preference, if of sufficient age to
form an intelligent preference;
       (4)
the nature and quality of any existing relationship between the child and the
biological parent or relative;
       (5)
the effect of contact on the child's safety, stability, and attachment to the
adoptive family; and
       (6)
any proposed plan for supervised contact and whether it adequately mitigates
identified risks.
    (D)(1) The court may include a no contact
order or supervised-contact order in the final decree of adoption when
necessary to protect the child or, upon motion, may amend an adoption decree to
include a no contact order or supervised-contact order.
       (2)
A violation of a no contact order entered pursuant to this section may be
enforced by civil contempt and may be referred to law enforcement for criminal
investigation as appropriate.
    (E)
Nothing in this section prevents the limited disclosure of non-contact
information necessary for medical care, education, or law enforcement purposes,
provided disclosure does not enable direct or indirect contact in violation of
this section.
    (F) A
no contact order or supervised-contact order entered pursuant to this section
remains in effect until the child reaches eighteen years of age, unless
modified or terminated earlier by the court in violation of this section.
    (G) A
no contact order or supervised-contact order entered pursuant to this section
restrains the biological parent or relative and does not prohibit the child
from initiating contact. The child is not subject to enforcement or penalty for
initiating contact.
    (H)
Upon motion of any party or the child, if of sufficient age and maturity, the
court may modify or terminate a no contact order or supervised-contact order
upon a showing that modification is in the child's best interests.
    (I) In
response to a motion by a party or a request from the court pursuant to subsection
(B) or subsection (D), any party to an adoption, or any party to the adoption
of a sibling of the child who is the subject of the current adoption, who has
actual knowledge of the following shall bring the evidence to the attention of
the court for the court's consideration in issuing a no contact or
supervised-contact order:
       (1)
incident reports where a party to the action was alleged to have committed a
criminal offense against the child, or a sibling of the child, who is the
subject of the adoption action;
       (2)
arrest records of a party to the action or other evidence that shows the party
was arrested for a criminal offense against the child, or a sibling of the
child, who is the subject of the adoption action;
       (3)
arrest records of a party to the action or other evidence that shows the party
was convicted of a criminal offense against the child, or a sibling of the
child, who is the subject of the adoption action; or
       (4)
documented history of an indicated case of abuse or neglect against a party to
the action where the party was the alleged perpetrator of child abuse or
neglect or harm against the child, or a sibling of the child, who is the
subject of the adoption action, if the party is named in the Central Registry
of Child Abuse and Neglect or if such documented history of an indicated case
is less than seven years old at the time of the filing of the adoption action.
    (J)
Nothing in this section limits the authority of an adoptive parent not to
consent to contact where a no contact order or supervised-contact order has
been modified or terminated by the court.
SECTION 3.  This act takes effect upon approval
by the Governor.
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This web page was last updated on May 06, 2026 at 04:13 PM