Bill would prevent judges from giving custody to anyone found guilty of criminal sexual conduct with a minor in the 1st degree (Columbia, South Carolina)

Part of me is just disgusted that it's even necessary to legislate what should be common sense--but isn't, thanks to the fathers' rights crowd.

http://www2.scnow.com/news/2012/feb/27/sc-house-bill-would-prevent-judges-giving-custody--ar-3311678/

SC House bill would prevent judges giving custody to abusers
By: ROBERT KITTLE | SCNow
Published: February 27, 2012 Updated: February 27, 2012 - 7:59 PM

COLUMBIA, SC --
A bill passed by a South Carolina House committee, and now on the full House schedule for debate, would prohibit judges from granting custody of a child to a parent, guardian or anyone else who's been found guilty of criminal sexual conduct with a minor in the first degree.

Rep. Chip Limehouse, R-Charleston, sponsored the bill after a recent Lowcountry case, in which a judge gave custody of a child to the child's biological father in another state, even though the father had a previous conviction for abuse.


"I don't know if it happens very often, but if it ever happens one time only, that is too many times. So we're going to err on the side of child safety. We're going to keep children away from pedophiles," Limehouse says.

The bill originally would have prohibited anyone on the sex offender registry from being given custody, but the House Judiciary Committee changed the bill to apply only to those convicted of first degree criminal sexual conduct with a minor.

The state already prohibits anyone on the sex offender registry, or who's been guilty of abuse or neglect, from becoming a foster parent.

Carl Brown, director of the South Carolina Foster Parent Association and a foster dad to more than 150 children, says, "Before you can even be pre-trained to become a foster parent, you have to have a background check, SLED check, fingerprint, three references. So there are a lot of things you have to do before you can even begin. And of course then you have 14 hours of pre-service training."

The state Department of Social Services says in fiscal year 2010-11, it investigated 368 cases of child sexual abuse. It didn't have a breakdown of how many of those involved a parent or guardian.

But don't judges already look at parents' or guardians' backgrounds before granting custody? Rep. Limehouse says, "Well, I think that's probably happening right now, but when there's a state law in effect, that leaves no wiggle room, no latitude and the law is the law."