PARENT'S RIGHTS NOW!

According to The State,* "the city of Columbia has been barred from using a national database after it misused it for about 2½ weeks, pulling homeless people’s names and Social Security numbers, then running criminal warrant checks and making arrests." Presumably, it will now be more difficult for everyone to misuse this database to acquire Social Securtiy Numbers. So, they will have to rely on the continued open access to Family Court records for thier identity theft needs.

*http://www.thestate.com/mld/thestate/16270668.htm

CUSTODY AND INHERITANCE RIGHTS OF RAPISTS IN SOUTH CAROLINA

The following Bill has been prefiled in the South Carolina House:

H. 3048 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A CRIMINAL SEXUAL CONDUCT OFFENSE DOES NOT HAVE CUSTODY RIGHTS OF OR RIGHTS OF INHERITANCE FROM A CHILD BORN AS RESULT OF THE OFFENSE; AND TO AMEND SECTION 16-9-340, RELATING TO INTIMIDATION OF COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO ADD THAT IT IS UNLAWFUL FOR A DEFENDANT IN A CRIMINAL PROCEEDING TO THREATEN A WITNESS WITH THE ASSERTION OR DENIAL OF PARENTAL RIGHTS.

H. 3134 (Word version) -- Reps. Weeks and Taylor: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS, SO AS TO PROVIDE THAT IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND THAT IT IS IN THE CHILD'S BEST INTEREST TO HAVE VISITATION WITH THE GRANDPARENT, THE COURT MAY ORDER SUCH VISITATION.

TWO IDENTITY THEFT BILLS FILED IN SOUTH CAROLINA

The "IDENTITY THEFT PROTECTION ACT"* and "THE SOUTH CAROLINA CONSUMER REPORT SECURITY FREEZE ACT"** have been prefiled in the South Carolina House. The first Bill, if passed, will make it more difficult for identity thieves to pry their trade. And if the second Bill is passed, victims of Identity Theft will be provided some protections. Both of these Bills are long overdue, but we note that Social Secruity Numbers and other financial information is still available online in Family Court.

*H. 3035 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "IDENTITY THEFT PROTECTION ACT", BY ADDING CHAPTER 20 TO TITLE 37 PROVIDING FOR PROTECTIONS IN CONNECTION WITH CONSUMER CREDIT-REPORTING AGENCIES AND WITH THE USE AND COMMUNICATION OF A CONSUMER'S SOCIAL SECURITY NUMBER, IMPOSITION OF A SECURITY FREEZE ON A CONSUMER'S CREDIT REPORT, PRESCRIPTION OF MEASURES FOR DISPOSAL OF PERSONAL IDENTIFYING INFORMATION AND DISCLOSURE OF UNAUTHORIZED ACCESS TO PERSONAL IDENTIFYING INFORMATION, AND CIVIL DAMAGES, INCLUDING ATTORNEY'S FEES AND COSTS AND INJUNCTIVE RELIEF; BY REDESIGNATING THE FAMILY PRIVACY PROTECTION ACT OF CHAPTER 2, TITLE 30, AS ARTICLE 1 AND BY ADDING ARTICLE 3 PROVIDING FOR PROTECTION OF PERSONAL IDENTIFYING INFORMATION PRIVACY IN CONNECTION WITH A PUBLIC BODY AND ITS USE AND COMMUNICATION OF A RESIDENT'S SOCIAL SECURITY NUMBER, PRESCRIPTION FOR DISCLOSURE OF SOCIAL SECURITY INFORMATION AND IDENTIFYING INFORMATION BY AND TO CERTAIN PUBLIC BODIES, PROHIBITION OF REQUIRING THE USE OF PERSONAL IDENTIFYING INFORMATION ON A MORTGAGE AND IN PREPARATION OF DOCUMENTS FOR PUBLIC FILING; AND PROCEDURE FOR REDACTING CERTAIN PERSONAL IDENTIFYING INFORMATION FROM PUBLIC RECORDS; BY ADDING SECTION 16-13-540 SO AS TO PROVIDE FOR THE EXPUNCTION OF THE CRIMINAL RECORD OF A NAMED INDIVIDUAL INCURRED AS A RESULT OF THE UNLAWFUL USE OF HIS IDENTIFYING INFORMATION; BY ADDING SECTION 16-13-550 SO AS TO PROVIDE FOR REPORTING OF THE CRIME OF FINANCIAL IDENTITY FRAUD TO THE LOCAL LAW ENFORCEMENT AGENCY AND REFERENCE BY THE LOCAL AGENCY TO THE AGENCY WITH JURISDICTION TO INVESTIGATE AND PROSECUTE; BY AMENDING SECTION 16-13-510, AS AMENDED, RELATING TO THE OFFENSE OF FINANCIAL IDENTITY FRAUD, SO AS TO INCLUDE THE USE OF ANOTHER'S INFORMATION TO OBTAIN ANYTHING OF VALUE, INCLUDING CREDIT, TO AVOID LEGAL CONSEQUENCES, OR TO OBTAIN EMPLOYMENT, AND TO PROVIDE, FOR EXCEPTIONS, TO FURTHER DEFINE "IDENTIFYING INFORMATION", AND TO PROVIDE FOR CRIMINAL PENALTIES, INCLUDING RESTITUTION; BY AMENDING SECTION 16-13-520, RELATING TO PROSECUTION OF THE CRIME OF FINANCIAL IDENTITY FRAUD, SO AS TO FURTHER PROVIDE FOR THE COUNTY IN WHICH THE CRIME IS CONSIDERED TO HAVE BEEN COMMITTED; BY ADDING SECTION 1-11-490 SO AS TO PROVIDE FOR DISCLOSURE BY AN AGENCY OF THIS STATE OF UNAUTHORIZED ACCESS TO THE PERSONAL IDENTIFYING INFORMATION OF A RESIDENT WHOSE INFORMATION THE AGENCY OWNS OR LICENSES AND TO PROVIDE FOR CIVIL DAMAGES, ATTORNEY'S FEES, AND INJUNCTIVE RELIEF; AND TO PROVIDE VARIOUS EFFECTIVE DATES.

**H. 3042 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING PART 5 TO CHAPTER 5, TITLE 37 SO AS TO ENACT THE SOUTH CAROLINA CONSUMER REPORT SECURITY FREEZE ACT, PROVIDING FOR A FREEZE ON THE RELEASE OF A CONSUMER FILE BY A CONSUMER CREDIT REPORTING AGENCY UPON THE REQUEST OF A CONSUMER WHO IS THE VICTIM OF IDENTITY THEFT, PROCEDURES FOR IMPLEMENTING AND REMOVING THE FREEZE, APPLICABILITY OF AND EXEMPTIONS FROM THE FREEZE, AND PENALTIES FOR VIOLATION OF THESE PROVISIONS.

Greenville Online reports that State Senator "David Thomas is considering filing a class action lawsuit against Greenville County Schools if the district doesn't resolve a security breach he said could have resulted in computers being sold on eBay containing Social Security numbers of thousands of students."

And the Associated Press reports, "The University of California, Los Angeles alerted about 800,000 current and former students, faculty and staff on Tuesday that their names and certain personal information were exposed after a hacker broke into a campus computer system." But, it appears that Social Security Numbers and names were not linked in the data base.

In the meantime, personal information, including Social Security Numbers and the birth dates of children, is available online from the Family Courts of South Carolina. And one does not have to hire a hacker or wrestle a State Senator to get it. Yet no one is taking steps either to protect this information from public scrutiny or to limit access to it.

S.C. WATCHES BEAUFORT COUNTY STRUGGLE WITH IMMIGRATION ISSUES

An article in the December 10, 2006 edition of The State discusses Beaufort County's ongoing efforts to address some of the problems associated with illegal immigration. One of the things the County has done is place the onus of identifying illegal workers on employers. But, while we understand why there is an outcry for reform,* we continue to believe that before making new laws to address a problem we should first try enforcing current laws. Current South Carolina law requires employers to file a South Carolina New Hire Reporting Form. This form contains Social Security Numbers and the law provides for fines against employers who fail to file the form and more severe fines against employers who conspire with workers--illegal or otherwise--not to file the form. Enforcing this law would increase child support collections, identify fake Social Security Numbers, and serve a chilling effect on those who would consider either hiring workers under the table or hiring workers who lack proper credentials.

*If you want to get your blood boiling, click Katrina Begets a Baby Boom by Immigrants.

The Post and Courier has reported that South Carolina Department of Social Services Chief Kim Aydlette has resigned her position. The paper notes that Aydlette "took charge of DSS just as the state hit its hardest budget times in decades and the agency faced millions in fines for not having a computerized child support enforcement system in place." What the paper fails to mention is that there has been little or no progress made in installing a computerized child support tracking system and that both the fines and the arrearages continue to mount at an alarming rate.

Regardless of one's position on the issue of single sex marriage and gay adoption, one must admit that these are confusing times. So we invite our readers to comment on this article and this article. And if that is not enough confusion for you, read The New York Times article Ruling Lets Women Share Rights Custody Fight.