Child Welfare

2025-2026 Bill 5009: Child Welfare - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5009
STATUS INFORMATION
General Bill
Sponsors: Reps. Schuessler, Bernstein and Calhoon
Companion/Similar bill(s): 823
Document Path: LC-0400VR26.docx
Introduced in the House on January 22, 2026
Currently residing in the House Committee on
Judiciary
Summary: Child Welfare
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/22/2026

House

Introduced and read first time (
House Journal-page 29
)

1/22/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 29
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/22/2026

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.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
A
rticle 7, Chapter 7, Title 63 of the S.C. Code is
amended by adding:

S
ection
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)
When the court enters an order terminating parental rights pursuant to this
article, the court shall:

(
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 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
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.

(
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)
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.

S
ECTION 2.
S
ubarticle 7, Article 1, Chapter 9, Title 63 of the
S.C. Code is amended by adding:

S
ection
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)
When the court enters a final decree of adoption pursuant to this article, the
court shall:

(
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.

(
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)
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.

S
ECTION 3. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 22, 2026 at 10:47 AM