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Article published Apr 8, 2003
Adoptive parents can see some medical records,
state Supreme Court says
JEFFREY COLLINS
Associated Press
COLUMBIA -- The adoptive parents of a boy
with physical ailments and mental problems should be able to see some of his
confidential adoption records, the state Supreme Court has ruled.
In a
decision Monday, the justices said the parents, identified only as John and Jane
Doe in court documents, should be able to see the records after a third party
reviews them to take out anything that would identify the child's birth parents
or other relatives.
State law says that adoption records are to be kept
private unless good cause is given to open them.
James Fletcher Thompson, an
attorney for the parents, said Monday he was pleased with the court's decision
but warned that it only will open adoption documents under very specific
circumstances.
"This is not an invitation for adoptees or any other party to
the adoption to open the adoption records," he said. "We are still considered a
very conservative state."
In this case, the parents said they need the
records to determine whether the medical history of their child's biological
family might shed some light on his problems.
The boy, adopted in Spartanburg
County in December 1983, has suffered physical ailments, such as a cyst on his
brain, that persist.
The child also suffered mental problems, including
threatening his adoptive mother with a knife and hurting himself on purpose,
according to court records.
The parents asked a Family Court judge to let
them see their son's records and included letters from several of the child's
doctors, but both the Family Court and the state Court of Appeals refused.
In
overturning those rulings, the Supreme Court said a third party should be
appointed to go over the records and interview the child's biological relatives
if necessary to find out more about his medical history.
Any information
identifying the child's biological family would not be included, according to
the ruling.
The justices said the Family Court judge should then review the
report before giving it to the adoptive parents.
By AMY GEIER
EDGAR
Associated Press
BLYTHEWOOD -- A proposal to lower the state's
income tax would put more money back into the pockets of small businesses and
individual income earners, Gov. Mark Sanford said Monday during a tour of
businesses.
Families earning $40,000 a year could save about $800 each year
on income taxes, Sanford said. His proposal would lower the current state income
tax of 7 percent to 5 percent over 15 years. That's when the full savings would
kick in.
More importantly, Sanford is touting the plan to improve the
economic climate in South Carolina and attract more businesses here. Sanford
toured a small North Charleston print shop, a Greenville technology firm and a
Blythewood electronics manufacturing company.
Under Sanford's plan, state
taxes on cigarettes would be increased to 53 cents a pack, up from 7 cents a
pack, with the expected $150 million annual revenue dedicated to Medicaid
programs.
That tax increase would be coupled with the income tax reduction,
which would help "create a more vibrant economy in South Carolina," Sanford
said.
Each dollar in income tax relief generates about $1.25 in economic
activity, Sanford said. The governor expects his proposal to generate about $7
billion in additional economic activity in South Carolina over the 15-year life
of the plan.
"We've said all along that income tax relief is key to creating
jobs and spurring economic growth in South Carolina," Sanford said. "Central to
the notion of stimulating our economy is actually investing in our economy and
locking in a tax plan that slows the future growth of state government."
The
cigarette tax failed in the Republican-controlled House, where members vowed not
to support new tax increases.
However, a Senate Finance subcommittee last
week approved a plan that would increase cigarette taxes by 53 cents a pack, up
from 7 cents a pack, but rejected Sanford's tax trade-off plan. The subcommittee
adopted a measure that would decrease sales taxes on groceries by a half cent
each year.
Some Democrats say they are open to Sanford's plan, but first want
to see the state's revenue on income taxes increase.
"We need to grow back
(state revenues) before we start any more tax reductions," said Sen. John Land,
D-Manning. "Tax reductions got us in the problem that we're in."
House
Minority Leader James Smith, D-Columbia, said it would be better to have an
income tax reduction in a more robust economy.
"If you want income tax
relief, I think that's fine. But don't pursue it when we've cut into our base so
much that we're not providing the basic, essential services of government,"
Smith said.
Sanford argues that a lower income tax would provide a more
favorable economic climate and encourage businesses to locate in South
Carolina.
"That in turn drives job growth and personal income -- two of the
keys to revenue growth in South Carolina," Sanford said.
South Carolina
currently has the second highest income tax rate in the Southeast behind North
Carolina and the 13th highest income tax rate in the nation.