Bill
H 3123
H 3123 lets courts award attorney fees in DSS child abuse/neglect cases, removing the exemption. Could raise state costs but improves access to counsel for respondents.
Status and key dates
- Bill number: H 3123
- Title/short description: Attorney Fees — Department of Social Services (DSS) child abuse & neglect actions
- Prefiled: 2024-12-05; Introduced/read first time: 2025-01-14
- Referred to Committee on Judiciary: 2025-01-14 (also listed as referred to Revenue on 2025-02-27)
- Hearing scheduled: 2025-09-29 (01:00 PM–05:00 PM, A-1)
- Effective date if enacted: upon approval by the Governor
Purpose and intent
- The bill seeks to change South Carolina law to allow courts to award attorney’s fees in state-initiated child abuse and neglect proceedings brought by the Department of Social Services (DSS). In other words, it proposes to eliminate the existing statutory exemption that prevents the award of attorney’s fees in DSS child abuse and neglect actions.
What the bill would change (substantive provision)
- Amends S.C. Code § 15-77-300(C). That section governs when courts may award attorney’s fees in actions initiated by the state.
- Under current law there is a list of categories of state-initiated civil actions that are excepted from § 15-77-300’s attorney-fee provisions; DSS child abuse and neglect proceedings have been treated as such an exception.
- H 3123 removes (or is intended to remove) the child abuse and neglect exception so that the general rule permitting courts to award attorney fees in state-initiated actions would also apply to DSS child abuse and neglect cases.
- The bill specifies it takes effect upon the Governor’s approval.
Who would be affected
- Parents, guardians, and other respondents in DSS child abuse and neglect proceedings — they could be eligible to recover attorney’s fees if they prevail.
- Department of Social Services and the State — a potential increase in liability for attorney’s fees and related costs when the state’s action is unsuccessful or when the court determines fees are appropriate.
- Legal service providers and indigent defense systems — potential shifts in demand for representation and reimbursement patterns.
- Courts — may see increased attorney-fee motions and hearings in this case category.
Potential impacts and considerations
- Budgetary: exposing DSS/state actions to fee awards could increase state expenditures (either through fee awards or through higher legal-defense costs); it could also encourage more careful case screening by DSS.
- Access to counsel: potential to improve ability of respondents to obtain counsel if prevailing-party fee recovery is available.
- Case incentives and settlements: may change litigation/settlement dynamics (e.g., increased settlements to avoid fee exposure).
- Administrative/practical: could prompt changes in DSS procedures, training, and case-evaluation practices.
Technical/clarifying note
- The bill summary and introductory language state the intent is to “eliminate the exception” for DSS child abuse and neglect actions. The copy of the proposed textual amendment to § 15-77-300(C) in the provided document contains wording that appears inconsistent or duplicative; interested parties should review the final committee amendment text for exact statutory language. The bill as described, however, is intended to make child abuse and neglect actions subject to the attorney-fee provisions of § 15-77-300.
Related/administrative
- Legislative history shows referrals to Judiciary (primary) and a later referral to Revenue; hearing scheduled Sept. 29, 2025. The bill file includes some unrelated text from another jurisdiction (Massachusetts) that appears to be an error in the document packet.
Compiled from official sources — confirm details with the bill’s official record.
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