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RECALLED
April 26, 2000
S. 1345
S. Printed 4/26/00--S.
Read the first time April 19, 2000.
TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 34, THE "NEWBORN PROTECTION ACT" SO AS TO PERMIT A PARENT OF A NEWBORN INFANT OR OF A CHILD THIRTY DAYS OF AGE OR LESS TO RELINQUISH CUSTODY OF THE INFANT OR CHILD TO A HOSPITAL, TO PROVIDE FOR TERMINATION OF PARENTAL RIGHTS OF THE RELINQUISHIG PARENT BY OPERATION OF LAW, TO REQUIRE CERTAIN MEDICAL INFORMATION TO BE PROVIDED, AND TO PROVIDE PROSECUTION IMMUNITY FOR A RELINQUISHING PARENT WHO PROVIDES THE REQUISITE MEDICAL INFORMATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7, Title 20 of the 1976 Code is amended by adding:
Section 20-7-9800. This act may be cited as the `Newborn Protection Act.'
Section 20-7-9810. A parent of a newborn infant or of a child thirty days of age or less may relinquish custody of the infant or child to a hospital. The hospital may accept custody of the infant or child from the parent.
Section 20-7-9820. If a parent of an infant or child relinquishes custody of the infant or child to a hospital as provided in Section 20-7-9810, then by operation of law and without any court proceeding:
(1) all of the parent's rights with respect to the infant or child are terminated;
(2) the infant or child is made a ward of the State;
(3) the infant or child is immediately available for adoption.
Section 20-7-9830. (A) A hospital that accepts custody of an infant or child pursuant to Section 20-7-9810 shall ask the infant or child's parent for pertinent medical information relating to the parent and the infant or child. That information includes, but is not limited to, information concerning the use of controlled substances.
(B) If a parent provides the medical information requested by the hospital under subsection (A), the parent is immune from criminal liability for any act of commission or omission in connection with relinquishing custody of the infant or child to the hospital.
Section 20-7-9840. (A) A hospital that accepts custody of an infant or child pursuant to Section 20-7-9810 is absolutely immune from civil, criminal, and administrative liability for any act of commission or omission in connection with the acceptance of that custody or the provision of care for the infant or child while it is in the hospital's custody.
(B) Staff and volunteers employed or serving at a hospital that accepts custody of an infant or child pursuant to Section 20-7-9810 are absolutely immune from civil, criminal, and administrative liability for any act of commission or omission in connection with the acceptance of that custody or the provision of care for the infant or child while it is in the hospital's custody.
Section 20-7-9850. If a hospital accepts custody of an infant or child pursuant to Section 20-7-9810, the State shall reimburse the hospital for the hospital's actual expenses in accepting and caring for the infant or child. The reimbursement shall be made from moneys appropriated to the Department of Social Services for that purpose.
Section 20-7-9860. (A) If one parent of an infant or child relinquishes custody of the infant or child to a hospital as provided in Section 20-7-9810, the other parent may file an action for custody of the child. The nonrelinquishing parent must file such an action within thirty days after the hospital accepts custody of the child from the relinquishing parent. In such an action, the nonrelinquishing parent must prove the following by a preponderance of the evidence:
(1) he or she is the parent of the infant or child;
(2) he or she did not consent to relinquishment of the infant or child's custody to the hospital.
(B) If a parent fails to file an action within the thirty-day period specified in subsection (A), the parent is forever barred from filing an action for custody of the infant or child and, by operation of law and without any court proceeding, all of the parent's rights with respect to the infant or child are terminated.
(C) When a nonrelinquishing parent inquires at a hospital concerning an infant or child whose custody was relinquished to the hospital as provided in Section 20-7-9810, the hospital shall provide to that parent a written statement of the parent's rights under this chapter.
Section 20-7-9870. The Department of Social Services shall promulgate regulations necessary to implement this chapter. The regulations shall include provisions for the reimbursement of hospitals' expenses under Section 20-7-9850."
SECTION 2. This act takes effect upon approval by the Governor.
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