§ 63-3-510 — Exclusive original jurisdiction.

South Carolina § 63-3-510

• Jurisdiction: South Carolina
• Title 63: SOUTH CAROLINA CHILDREN'S CODE
• Ch. 3: FAMILY COURT

Text

See Editor's Note for contingency. (A) Except as otherwise provided herein, the court shall have exclusive original jurisdiction and shall be the sole court for initiating action: (1) Concerning any child living or found within the geographical limits of its jurisdiction: (a) who is neglected as to proper or necessary support or education as required by law, or as to medical, psychiatric, psychological, or other care necessary to his well-being, or who is abandoned by his parent or other custodian; (b) whose occupation, behavior, condition, environment, or associations are such as to injure or endanger his welfare or that of others; (c) who is beyond the control of his parent or other custodian; (d) who is alleged to have violated or attempted to violate any state or local law or municipal ordinance, regardless of where the violation occurred except as provided in Section 63-3-520; (e) whose custody is the subject of controversy, except in those cases where the law now gives other courts concurrent jurisdiction. In the consideration of these cases, the court shall have concurrent jurisdiction to hear and determine the issue of custody and support. (2) For the treatment or commitment to any mental institution of a mentally defective or mentally disordered or emotionally disturbed child. Provided, that nothing herein is intended to conflict with the authority of probate courts in dealing with mental cases. (3) Concerning any person eighteen years of age or over, living or found within the geographical limits of the court's jurisdiction, alleged to have violated or attempted to violate any state or local law or municipal ordinance prior to having become eighteen years of age and such person shall be dealt with under the provisions of this title relating to children. (4) For the detention of a juvenile in a juvenile detention facility who is charged with committing a criminal offense when detention in a secure facility is found to be necessary pursuant to the standards set forth in Section 63-19-820 and when the facility exists in, or is otherwise available to, the county in which the crime occurred. (5) When concurrent jurisdiction has been established pursuant to Section 3-1-150(B), the court has exclusive original jurisdiction over any case involving a juvenile who is alleged to be delinquent as the result of an act committed within the boundaries of a military installation that is a crime or infraction under state law, except as provided in Section 63-19-1210 as it relates to waiver procedures to the circuit court. (B) Whenever the court has acquired the jurisdiction of any child under eighteen years of age, jurisdiction continues so long as, in the judgment of the court, it may be necessary to retain jurisdiction for the correction or education of the child, but jurisdiction shall terminate when the child attains the age of twenty-two years. Any child who has been adjudicated delinquent and placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the twentieth birthday of the child.

Legislative History

HISTORY: 2008 Act No. 361, SECTION 2; 2016 Act No. 268 (S.916), SECTION 1, eff July 1, 2019; 2025 Act No. 54 (H.3910), SECTION 2, eff May 13, 2025. Editor's Note 2016 Act No. 268, SECTION 12, provides as follows: "SECTION 12. Section 10 of this act takes effect upon approval by the Governor. Sections 1 through 9 and Section 11 of this act take effect on July 1, 2019, contingent upon the Department of Juvenile Justice having received any funds that may be necessary for implementation. If the report submitted to the General Assembly on September 1, 2017, reflects any additional funds needed by the Department of Juvenile Justice to ensure implementation will be possible on July 1, 2019, the department shall include these funds in its budget requests to the General Assembly as part of Fiscal Years 2017-2018 and 2018-2019. Beginning on September 1, 2017, all state and local agencies and courts involved with the implementation of the provisions of this act may begin undertaking and executing any and all applicable responsibilities so that the provisions of this act may be fully implemented on July 1, 2019." Effect of Amendment 2016 Act No. 268, SECTION 1, in (A)(3), substituted "any person eighteen years of age or over" for "any child seventeen years of age or over", and substituted "having become eighteen years of age" for "having become seventeen years of age"; in (B), substituted "any child under eighteen years of age" for "any child under seventeen years of age", substituted "child attains the age of twenty-two years" for "child attains the age of twenty-one years", and substituted "not after the twentieth birthday of the child" for "not after the eighteenth birthday of the child"; and made other nonsubstantive changes. 2025 Act No. 54, SECTION 1, added (a)(5).