Parental Rights in South Carolina
South Carolina Parental Rights News
We’re excited to let you know that S. 288, a good bill introduced by Senators Wes Climer, Greg Hembree, and Josh Kimbrell, is moving in the South Carolina Senate Judiciary Committee! S. 288 will protect innocent families from being caught up in child neglect investigations. S. 288 amends South Carolina law to clarify that a…
South Carolina State Law and Parental Rights
South Carolina does not have a state statute that explicitly defines and protects parental rights as fundamental rights.
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South Carolina Courts and Parental Rights
"Strict Scrutiny" Applied to Parental Rights
South Carolina courts have repeatedly recognized the rights of parents to oversee the care of their children as a fundamental right deserving of the strict scrutiny standard. However, this precedent is subject to change.
Key recent cases upholding fundamental parental rights include: State v. Whitner, 732 S.E.2d 861 (S.C. 2012), Marquez v. Caudill, 656 S.E.2d 737 (S.C. 2008), Loe v. Mother, 586 S.E.2d 807 (S.C. Ct. App. 2009), and Camburn v. Smith, 586 S.E.2d 565 (S.C. 2003).