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2009-12-10-02

The Supreme Court of South Carolina

Re: FAMILY COURT FORMS


ADMINISTRATIVE ORDER


In conjunction with the efforts of the CFS Project Team to develop the statewide Family Court Case Management System (FCCMS) and the Child Support Enforcement System (CSES), all family court domestic relations and juvenile delinquency forms have been revised to promote uniformity and consistency in their use across the state.  Many of the revisions include: 1) designing a standard format for captions and signature lines; 2) adding a section for the user to complete hearing information on all family court orders; and 3) reducing the use of legalese for the benefit of self-represented litigants.  In addition, statutory references to Chapter 7, Title 20 are updated with Title 63 references pursuant to Act No. 361, 2008 S.C. Acts 3623.  Of the 125 forms reviewed over the past year, substantive changes were made to sixteen (16) existing SCCA forms, and SCCA numbers were assigned to twenty-seven (27) new forms for statewide use. 

Therefore, pursuant to the provisions of South Carolina Constitution Article V § 4, IT IS ORDERED that the updates to sixteen (16) existing family court forms and the addition of twenty-seven (27) new forms with a revision date of (12/2009) as outlined in the attached addendum are approved for use in the Family Courts of South Carolina.  The forms are located at http://www.sccourts.org/forms.  All previous versions of these forms are obsolete.

IT IS SO ORDERED.           

  s/Jean Hoefer Toal
Jean Hoefer Toal, Chief Justice

December 10, 2009
Columbia, South Carolina


ADDENDUM TO ADMINISTRATIVE ORDER FOR FAMILY COURT FORMS

Uniform Caption Format for Domestic Relations Forms

 

SCCA forms used in domestic relations forms have been revised with the following standardized caption format:

STATE OF SOUTH CAROLINA ) IN THE FAMILY COURT
  ) ____ JUDICIAL CIRCUIT
COUNTY OF _______________________ )  
  )  
____________________________________
) TITLE OF FORM
Plaintiff, )  
vs.    
____________________________________ )  
Defendant. ) Docket No. _______________________

Uniform Caption Format for Juvenile Delinquency Forms

SCCA forms used in all juvenile delinquency proceedings have been revised with the following standardized caption format to comply with S.C. Code of Laws Ann. § 63-19-1030(B):

STATE OF SOUTH CAROLINA ) IN THE FAMILY COURT
COUNTY OF _______________________ ) ____ JUDICIAL CIRCUIT
  )  
A JUVENILE
) TITLE OF FORM
  )  
____________________________________ )  
A Child under Seventeen (17) Years of Age. ) Docket No. _______________________

*The caption format for forms used in judicial bypass proceedings is similar to the format used in juvenile delinquency proceedings.

Uniform Format for Hearing Information - Orders

On all orders used in family court, the following table should be included beneath the caption:

Plaintiff Attorney: _______________________________

Hearing Date: ______________________
Defendant Attorney: ______________________________

Judge: ____________________________
Guardian ad Litem: ______________________________ Court Reporter: _____________________

Title 63 Statutory Updates

Pursuant to Act No. 361, 2008 S.C. Acts 3623, the Legislature transferred the South Carolina Children’s Code from S.C. Code Ann. § 20-7-10 et seq. to the new Title 63. All references to the former Chapter 7, Title 20 in all family court forms have been updated to the corresponding sections in the new Title 63.

Custodial Parent Reference

The following section, added on some forms, is available to indicate the name of the custodial parent to assist the Clerk of Court in child support proceedings:

Custodial Parent (if applicable): _____________________________________________________

 

Uniform Signature Blocks on all Forms

Generally, on all family court forms, the following signature block is included:

Date: ________________________, 20____ ___________________________________
___________________________, S.C. Signature


Additional Updates to Existing SCCA Family Court Forms

Additional revisions to existing family court forms listed below include layout changes, form title changes, and form number changes. Many of the revisions result from changes in statutes, federal regulations, or general practice changes in family court.

SCRCPFORM4F – Judgment in a Family Court Case
This form has been revised to replace “270 Day Rule” with “Family Court Benchmark” pursuant to the Administrative Orders of the Chief Justice dated February 27, 2006 and May 9, 2006.

SCADR 105 – ADR Rule 4 – Order Appointing Mediator
The layout of this form is revised and shortened to one page.

SCCA 410 – Request for Hearing
The layout of this form is revised for easier use.

SCCA 413 – Bench Warrant
Page 2 of the Bench Warrant is revised to include, when applicable, a warrant number barcode, relevant charge(s), surety, telephone number, docket number, amount of bond, and a photo.

SCCA 419 – Notice and Motion to Extend Order of Protection
The layout of this form is revised. Also, a “Notice of Hearing” section is included at the bottom of the form. The form is now only one page in length.

SCCA 425S – Supplement to the Petition for Order of Protection
This form previously numbered “SCCA 425C” is now renumbered to “SCCA 425S”.

SCCA 431 – Support Complaint
This form has been revised to allow the user to choose one or more of the following to specify the type(s) of relief sought in the Support Complaint: New Child Support, New Spousal Support, and Increase Support.

SCCA 434 – Rule 24 – Clerk’s Affidavit
The new Child Support Enforcement System requires updates to this form. The revisions allow the Clerk of Court to choose whether the obligor, payee, or non-custodial parent has either a child support or spousal support arrears, or both. A statement is added which informs that arrearages accumulated after the date the form is issued will be addressed at the Rule To Show Cause hearing. A section for service of process is included at the bottom of the form.

SCCA 442 – Motion and Order to Dismiss Support
“Order” is now included in the title of this form.

SCCA 445 – Rule to Show Cause – Contempt of Court by Payor
The form previously titled “Complaint – Wage Withholding (Contempt of Court by Payor)” is now titled “Rule to Show Cause – Contempt of Court by Payor”. The text and layout of the form has been revised slightly to parallel the new title of the form.

SCCA 446 – Support Information Sheet
The form title is changed from “Directions for Payment of Child Support or Alimony” to “Support Information Sheet”. The layout of the form has been revised. A section for “medical support” is included. Page 2 of this form allows the Clerk of Court to collect relevant information to establish and monitor the support account(s). Clerks are encouraged, when possible, to minimize public access to sensitive information on this form pursuant to the Financial Identity Fraud and Identity Theft Protection Act.

SCCA 448 - Notice and Motion to Continue Child Support
Updates to this form allow the litigant to seek continuation of child support for a child over the age of eighteen (18) for reasons other than the child is in high school, as outlined in S.C. Code of Laws Ann. § 63-3-530 (17).

SCCA 449 - Order to Continue Child Support
This form allows the judge to order the continuation of child support for a child who would otherwise be emancipated under applicable South Carolina laws. In addition to the updated options listed in S.C. Code of Laws Ann. § 63-3-530 (17), space is included for the judge to elaborate on the ruling if necessary.

SCCA 453 – Case Party Information Sheet
The title of this form has changed from “Defendant/Respondent Information Sheet” to “Case Party Information Sheet”. The form has been revised for general use in family court cases and is no longer specific to a defendant/respondent in a child support case.

SCCA 460 – Requesting Court Approval for Abortions
The contact information and listings for Department of Social Services Regional Adoption Offices are updated on Page 2.

SCCA 475 – Guidelines for Obtaining a Certificate of Foreign Birth - Domestication of Foreign Adoptions
Page 2 has been revised in Exhibit C to include “(IR 3 or IR4 visa)” to list examples of Immigration and Naturalization Service documents; in Exhibit D to include “(Certificate of Citizenship or US Passport)” to list examples of naturalization documents; and in Exhibit F to replace “post placement reports” with the new name “post foreign adoption reports”.

New Forms in Family Court

A number of forms were used locally and available only to a few counties. Court Administration was asked to review and assign SCCA numbers to the forms listed below for statewide use. Form numbers for forms deemed obsolete by Administrative Order of the Chief Justice dated October 5, 2009 have been reassigned to new forms.

SCCA 406 – Affidavit of Mailing
The number for this form was previously assigned to a form indicating the format for hearing information on all family court orders. The form number has been reassigned to a new form, Affidavit of Mailing, for general use in family court.

SCCA 407 – Acceptance of Service
This form is created for general use in family court.

SCCA 408 – Pre-Trial Notice
This form is created for general use in family court.

SCCA 412 – Arrest Warrant
This form number was previously assigned to a form titled “Order to Strike/Dismiss”. The form was discontinued by Administrative Order dated October 5, 2009. The form number has been reassigned to a new form, Arrest Warrant, for general use in family court.

SCCA 412A – Arrest Warrant Affidavit
This form is created for general use in family court.

SCCA 413A – Bench Warrant/Arrest Warrant Addendum
This form is created for general use in family court.

SCCA 416 – Order for Change of Venue
This is a generic order for a change of venue for general use in family court.

SCCA 417 – Certificate of Transmittal – Change of Venue
This form is used to assist the Clerk of Court’s office in preparing file and case materials to send to the county to which the change of venue is ordered. A receipt is included in the form. A copy of the completed form should be mailed back to the originating clerk for verification.

SCCA 420 – Order for Transportation
This form is used by the judge to order law enforcement to transport an incarcerated individual to and from a family court hearing.

SCCA 422 – Request for Rule 608 Appointment
This form may be used by Clerks of Court to formally request the name(s) of the attorney(s) from a neighboring county for appointment pursuant to Rule 608(f)(10), SCACR.

SCCA 423 – Response to Request for Rule 608 Appointment
This form may be used by Clerks of Court to respond with the name(s) of the attorney(s) appointed to the requesting county.

SCCA 437A – Amended Contempt Order
This form may be used to amend an Order of Contempt when new information is received by the court. While the text of the form assumes the contempt is based on nonpayment of support obligations, the form may be used to amend a contempt order in other family court instances.

SCCA 443 – Order to Dismiss
This form may be used to seek an order from the court to dismiss either of the following: Rule to Show Cause, Review Hearing, Bench Warrant, or Arrest Warrant.

SCCA 450 – Affidavit and Order for Activation of Support
This form number was previously assigned to a form titled “Verified Statement of Facts of Registration of a Foreign Support Order under UIFSA” which was later deemed obsolete by Administrative Order dated October 5, 2009. The form number has been reassigned to a new form, Affidavit and Order for Activation of Support, for general use in family court. The new form may be used by the Clerk of Court to seek an order from the family court judge to reactivate a support account after the account was inactivated due to non location of the individual ordered to pay support.

SCCA 451 – Support Reduction Complaint
This form number was previously assigned to a form titled “Notice of Registration of a Foreign Support Order under UIFSA” which was later deemed obsolete by Administrative Order dated October 5, 2009. The form number has been reassigned to a new form, Support Reduction Complaint, for general use in family court. The new form may be used by a litigant seeking a reduction in his/her support obligation. Check boxes are included in the caption to indicate the type(s) of relief sought in the Support Reduction Complaint.

SCCA 452 – Paternity Test Order
This form number was previously assigned to a form titled “Notice to Prosecuting Attorney of the Registration of a Foreign Support Order under UIFSA” which was later deemed obsolete by Administrative Order dated October 5, 2009. The form number has been reassigned to a new form, Paternity Test Order, for general use in family court. The new form may be used by the family court judge to order a paternity test.

SCCA 454 – Affidavit to Pay Support through Court
This form number was previously assigned to a form titled “Information Transmittal Form” which was later deemed obsolete by Administrative Order dated October 5, 2009. The form number has been reassigned to a new form, Affidavit to Pay Support through Court, for general use in family court. If the non-custodial parent or payor is late on support payments to the custodial parent or payee, this form may be used to seek an order from the family court directing future support payments be paid through the Office of the Clerk of Court.

SCCA 455 – Order to Pay Support through Court
This form number was previously assigned to a form titled “Notice to Court” which was later deemed obsolete by Administrative Order dated October 5, 2009. The form number has been reassigned to a new form, Affidavit to Pay Support through Court, for general use in family court. If the non-custodial parent is late on support payments to the custodial parent, the custodial parent may use this form to seek an order from the family court directing future support payments be paid through the Office of the Clerk of Court.

SCCA 456 – Physician’s Report
This form may be used by a health professional to submit relevant information to the court regarding a party in a family court case. While the form is generally completed by a physician, the form may also be completed by a nurse, nurse practitioner, or physician’s assistant.

SCCA 468 – 365 Day Benchmark Notice
This form was created and sent statewide with a Memo from the Chief Justice dated November 30, 2006 to assist the Offices of the Clerk of Court in administering the requirements of the Family Court Benchmark. The form now bears an SCCA number. The form has been updated to include the following statement to assist those counties where mediation is mandated or for cases where mediation is ordered: “If mediation is mandated for your case, you must complete and submit SCADR 107 – Mediation Report, before a final hearing can be scheduled.”

SCCA 469 – Order to Dismiss (Without Prejudice)
This form was created and sent statewide with a Memo from the Chief Justice dated November 30, 2006 to assist the Offices of the Clerk of Court in managing the requirements of the Family Court Benchmark. The form now bears an SCCA number.

SCCA 478 – Order of Continuance
This form was created to assist the family court judges and the Offices of the Clerk of Court to document the reason(s) why a case is continued.

SCCA 479 – Amended – Supplemental Order
This form template allows the family court judge to amend or supplement a previously issued order.

SCCA 496 – Exhibit List
This form may be used by Court Reporters to document the list of exhibits entered in a family court case.

SCCA 497 – Exhibit or File Release
This form may be used by the Clerk of Court when an exhibit or file is checked out. A description of the item is necessary, along with check-out/check-in information.

SCCA 498 – Notice of Exhibit/Property Destruction
This form may be used by the Clerk of Court to notify the relevant attorney(s) and parties in a case that an exhibit is eligible for destruction pursuant to Rule 606, SCACR.

SCCA 499 – Exhibit Disposition
This form may be used by the Clerk of Court to document whether the exhibit(s) in a family court case have been reclaimed or destroyed. Checkboxes are created for the Clerk of Court to choose the applicable reference to Rule 606, SCACR. Space is available at the bottom of the form to list the exhibit(s) in question.