All cases of children must be dealt with as separate hearings by the court and without a jury. The hearings must be conducted in a formal manner and may be adjourned from time to time. The general public must be excluded and only persons the judge finds to have a direct interest in the case or in the work of the court may be admitted. The presence of the child in court may be waived by the court at any stage of the proceedings. Hearings may be held at any time or place within the county designated by the judge. In any case where the delinquency proceedings may result in commitment to an institution in which the child's freedom is curtailed, the privilege against self-incrimination and the right of cross-examination must be preserved. In all cases where required by law, the child must be accorded all rights enjoyed by adults, and where not required by law the child must be accorded adult rights consistent with the best interests of the child.
HISTORY: 2008 Act No. 361, Section 2.
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Section 63-3-10. Family courts created.
Section 63-3-20. Family court judges.
Section 63-3-30. Judges' qualifications and terms.
Section 63-3-40. Initial election.
Section 63-3-50. Compensation of judges.
Section 63-3-60. Retirement for abolished officers.
Section 63-3-310. Administration of family court system.
Section 63-3-320. Rotation of judges.
Section 63-3-330. Assignment of cases.
Section 63-3-340. Temporary assignment of judges.
Section 63-3-350. Physical facilities.
Section 63-3-360. Expenses of family courts.
Section 63-3-370. Fees and costs.
Section 63-3-510. Exclusive original jurisdiction.
Section 63-3-520. Traffic and wildlife jurisdiction.
Section 63-3-530. Jurisdiction in domestic matters.
Section 63-3-540. Cooperation of agencies, government entities, and institutions.
Section 63-3-550. Standing to institute a proceeding regarding neglected or delinquent child.
Section 63-3-570. Service of summons.
Section 63-3-580. Failure to obey summons.
Section 63-3-590. Conduct of hearings.
Section 63-3-600. Rules for conduct of hearings.
Section 63-3-610. Prosecutorial functions.
Section 63-3-620. Penalties for adult violating title.
Section 63-3-640. Post conviction proceedings.
Section 63-3-650. Power to issue writ of habeas corpus.
Section 63-3-810. Appointment.
Section 63-3-820. Qualifications.
Section 63-3-830. Responsibilities.
Section 63-3-840. Mediation prohibition.