South Carolina S 862: DSS - Childcare Center Caregiver

Bill Text

2025-2026 Bill 862 Text of Previous Version (Mar. 31, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 862

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter 
Stricken

Indicates New Matter

As Passed By The Senate

March 31, 2026

S. 862

Introduced 
by Senators Tedder, Elliott, Devine and Sutton 

S. Printed 3/31/26--S.

Read the first time January 28, 2026

________

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY ADDING SECTION 44-17-412 SO AS TO ALLOW PARENTS TO 
MAKE CERTAIN HEALTHCARE DECISIONS FOR CHILDREN OVER THE AGE OF EIGHTEEN IF THE 
CHILD QUALIFIES AS A DEPENDENT ON AND IS COVERED BY THE PARENTS' HEALTH 
INSURANCE.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 5, Chapter 17, Title 44 of the S.C. Code is 
amended by adding:

 Section 
44-17-412. (A) Notwithstanding any 
other provision of law, a person listed in priority order pursuant to 
subsection (C) may exercise temporary decision-making authority for a period 
not exceeding forty-eight hours in regards to the matter of involuntary 
temporary commitment on behalf of an unmarried adult during a verified medical 
or behavioral health crisis when the conditions in subsection (B) are 
satisfied.

 (B) 
Temporary authority pursuant to this section applies only when:

 (1) 
a licensed physician determines that the adult is experiencing a medical or 
behavioral health crisis and is temporarily unable to make informed decisions 
regarding his care or safety; and

 (2) 
the person listed in priority order pursuant to subsection (C) is physically 
present with the adult during the crisis intervention or treatment.

 (C) 
When the receiving or treatment facility selects a person to exercise temporary 
decision-making authority under this section, first preference shall be given 
to a legally appointed guardian or an appointed agent authorized to act under a 
durable or health care power of attorney. If the unmarried adult patient has 
not previously selected such an agent or the medical facility is not presented 
with written proof of such guardian or appointed agent, then the selection, 
except for good cause documented in the patient's clinical record, shall be 
made from the following list in the order of listing:

 (1) 
a parent of the adult patient; or

 (2) 
the adult child of the adult patient.

 (D) 
Authority granted pursuant to this section is limited to decisions necessary to 
address the immediate crisis and may not extend beyond forty-eight hours from 
the time of the physician's written determination unless a new determination is 
made by a licensed physician. If a subsequent determination is made by the 
original licensed physician, the determination must be reviewed and confirmed 
by a second licensed physician who independently reaches the same 
determination.

 (E) 
Nothing in this section authorizes the person exercising temporary 
decision-making authority to exercise ongoing guardianship authority unless the 
person acting is the legally appointed guardian in fact or to override a valid 
advance directive executed by the adult individual.

 (F) 
The procedure outlined herein for the initial forty-eight hours is an emergency 
alternative to that outlined in Section 44-17-410. After the initial 
forty-eight hours, the procedure under Section 44-17-410 must be followed.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on March 31, 2026 at 04:16 PM