Download This Version in Microsoft Word format
AMENDED
April 26, 2000
H. 4743
S. Printed 4/26/00--H.
Read the first time March 7, 2000.
TO ENACT THE "SAFE HAVEN FOR ABANDONED BABIES ACT" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARDS A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the 'Safe haven for Abandoned Babies Act'.
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-85. (A) A hospital or hospital outpatient facility operating in this State must, without a court order, take temporary physical custody of a child who is voluntarily left with the hospital or hospital outpatient facility by a person who does not express an intent to return for the child and the circumstances give rise to a reasonable belief that the person does not intend to return for the child. The hospital or hospital outpatient facility must perform any act necessary to protect the physical health or safety of the child. The person leaving the child is not required to disclose his or her identity.
(B)(1) The hospital or hospital outpatient facility must offer the person leaving the child information concerning the legal effect of leaving the child with the hospital or hospital outpatient facility.
(2) The hospital or hospital outpatient facility must ask the person leaving the child to identify any parent of the child other than the person leaving the child with the hospital or hospital outpatient facility. The hospital or hospital outpatient facility also must attempt to obtain from the person information concerning the child's background and medical history as specified on a form provided by the Department of Social Services. The hospital or hospital outpatient facility must give the person a copy of the form and a prepaid envelope for mailing the form to the Department of Social Services if the person does not wish to provide the information to the hospital or hospital outpatient facility. These materials must be provided to hospitals and hospital outpatient facilities by the department.
(3) Any identifying information disclosed by the person leaving the child must be kept confidential by the hospital or hospital outpatient facility and disclosed to no one other than the department. However, if a court determines that the immunity provisions of subsection (H) do not apply, the hospital or hospital outpatient facility may disclose the information as permitted by confidentiality protections applicable to records of the hospital or hospital outpatient facility. The department must maintain confidentiality of this information in accordance with Section 20-7-690.
(C) Not later than the close of the first business day after the date on which a hospital or hospital outpatient facility takes possession of a child pursuant to subsections (A) and (B), the hospital or hospital outpatient facility must notify the department that it has taken temporary physical custody of the child. The department shall have legal custody of the child immediately upon receipt of the notice. The department must assume physical control of the child as soon as practicable upon receipt of the notice, but no later than twenty-four hours after receiving notice that the child is ready for discharge from the hospital or hospital outpatient facility. Assumption of custody by the department pursuant to this subsection does not constitute emergency protective custody, and the provisions of Section 20-7-610 do not apply. The department is not required to initiate a child protective services investigation solely because a child comes into its custody under this subsection.
(D) Immediately after receiving notice from the hospital or hospital outpatient facility, the department must contact the South Carolina Law Enforcement Division for assistance in assuring that the child left at the hospital or hospital outpatient facility is not a missing child. The South Carolina Law Enforcement Division must treat the request as ongoing for a period of thirty days and must contact the department if a missing child report is received that might relate to the child left at the hospital or hospital outpatient facility.
(E)(1) Within forty-eight hours after taking legal custody of the child, the department must publish notice, in a newspaper of general circulation in the area where the hospital or hospital outpatient facility that took the child is located, and send a news release to broadcast and print media in the area. The notice and the news release must state the circumstances under which the child was left at the hospital or hospital outpatient facility, a description of the infant, and the date, time, and place of the permanency planning hearing provided for in subsection (E)(2). The notice and the news release must also state that any person wishing to assert parental rights in regard to the child must do so at the hearing. If the person leaving the child identified anyone as being a parent of the child, the notice must be sent by certified mail to the last known address of the person identified as a parent at least two weeks prior to the hearing.
(2) Within forty-eight hours after obtaining legal custody of the child, the department must file a petition alleging that the child has been abandoned, that the court should dispense with reasonable efforts to preserve or reunify the family, that continuation of keeping the child in the home of the parent or parents would be contrary to the welfare of the child, and that termination of parental rights is in the best interest of the child. A hearing on the petition must be held no earlier than thirty and no later than sixty days after the department takes legal custody of the child. This hearing shall be the permanency planning hearing for the child. If the court approves the permanent plan of termination of parental rights, the order must also provide that a petition for termination of parental rights on the grounds of abandonment must be filed within ten days after receipt of the order by the department.
(F) The act of leaving a child with a hospital or hospital outpatient facility pursuant to this section is conclusive evidence that the child has been abused or neglected for purposes of Department of Social Services' jurisdiction and for evidentiary purposes in any judicial proceeding in which abuse or neglect of a child is in issue. It is also conclusive evidence that the requirements for termination of parental rights have been satisfied as to any parent who left the child or acted in concert with the person leaving the child.
(G) A person who leaves a child at a hospital or hospital outpatient facility or directs another person to do so must not be prosecuted for any criminal offense on account of such action if:
(1) the person is a parent of the child or is acting at the direction of a parent;
(2) the person leaves the child in the physical custody of an employee of the hospital or hospital outpatient facility; and
(3) the child is no more than thirty days old.
This subsection does not apply to prosecution for the infliction of any harm upon the child other than the harm inherent in abandonment.
(H) A hospital or hospital outpatient facility and its agents and any health care professionals practicing within the hospital or hospital outpatient facility are immune from civil or criminal liability for any action authorized by this section, so long as the hospital, hospital outpatient facility, or health care professional complies with all provisions of this section.
(I) The department, either alone or in collaboration with any other public entity, must take appropriate measures to achieve public awareness of the provisions of this section."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Friday, June 26, 2009 at 3:06 P.M.