South Carolina S 540: Definition of child abuse

Bill Text

2025-2026 Bill 540 Text of Previous Version (Apr. 03, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 540

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 63-7-20, RELATING TO DEFINITIONS, SO AS TO CLARIFY THAT RAISING A CHILD 
CONSISTENT WITH THE CHILD'S SEX DOES NOT CONSTITUTE CHILD ABUSE, NEGLECT, OR 
HARM.

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

SECTION 1. Section 
63-7-20(6) of the S.C. Code is amended to read:

 (6)(A) "Child 
abuse or neglect" or "harm" occurs when:

 (a)(1) the parent, guardian, 
or other person responsible for the child's welfare:

 (i)(a) inflicts or allows to 
be inflicted upon the child physical or mental injury or engages in acts or 
omissions which present a substantial risk of physical or mental injury to the 
child, including injuries sustained as a result of excessive corporal punishment, 
but excluding corporal punishment or physical discipline which:

 (A)(i) is administered by a 
parent or person in loco parentis;

 (B)(ii) is perpetrated for 
the sole purpose of restraining or correcting the child;

 (C)(iii) is reasonable in 
manner and moderate in degree;

 (D)(iv) has not brought about 
permanent or lasting damage to the child; and

 (E)(v) is not reckless or 
grossly negligent behavior by the parents;

 (ii)(b) commits or allows to 
be committed against the child a sexual offense as defined by the laws of this 
State or engages in acts or omissions that present a substantial risk that a 
sexual offense as defined in the laws of this State would be committed against 
the child;

 (iii)(c) fails to supply the 
child with adequate food, clothing, shelter, or education as required under 
Article 1 of Chapter 65 of Title 59, supervision appropriate to the child's age 
and development, or health care though financially able to do so or offered financial 
or other reasonable means to do so and the failure to do so has caused or 
presents a substantial risk of causing physical or mental injury. However, a 
child's absences from school may not be considered abuse or neglect unless the 
school has made efforts to bring about the child's attendance, and those 
efforts were unsuccessful because of the parents' refusal to cooperate. For the 
purpose of this chapter "adequate health care" includes any medical or 
nonmedical remedial health care permitted or authorized under state law;

 (iv)(d) abandons the child;

 (v)(e) encourages, condones, 
or approves the commission of delinquent acts by the child including, but not 
limited to, sexual trafficking or exploitation, and the commission of the acts 
are shown to be the result of the encouragement, condonation, or approval;

 (vi)(f) commits or allows to 
be committed against the child female genital mutilation as defined in Section 
16-3-2210 or engages in acts or omissions that present a substantial risk that 
the crime of female genital mutilation would be committed against the child; 
or

 (vii)(g) has committed abuse 
or neglect as described in subsubitems (i) through (vi) such that a child who 
subsequently becomes part of the person's household is at substantial risk of 
one of those forms of abuse or neglect; or

 (b)(2) a child is a victim of 
trafficking in persons as defined in Section 16-3-2010, including sex 
trafficking, regardless of whether the perpetrator is a parent, guardian, or 
other person responsible for the child's welfare. Identifying a child as a 
victim of trafficking in persons does not create a presumption that the parent, 
guardian, or other individual responsible for the child's welfare abused, 
neglected, or harmed the child.

 (B) "Child abuse or 
neglect" or "harm" shall not be interpreted or construed to 
allow an adverse action against the parent, guardian, or other person 
responsible for the child's welfare who:

 (1) guides, 
instructs, or raises a child, or intends to guide, instruct, or raise a child, 
consistent with the child's sex;

 (2) seeks out and 
consents to any lawful mental healthcare service for a child to assist the 
child in living consistent with the child's sex; or

 (3) declines to 
consent to any physical or mental healthcare service for a child for the 
purpose of gender transition as defined in Section 44-42-310.

SECTION 2. Section 63-15-240 of the S.C. Code is amended to read:

 Section 
63-15-240. (A) In issuing or 
modifying an order for custody affecting the rights and responsibilities of the 
parents, the order may include, but is not limited to:

 (1) 
the approval of a parenting plan;

 (2) 
the award of sole custody to one parent with appropriate parenting time for the 
noncustodial parent;

 (3) 
the award of joint custody, in which case the order must include:

 (a) 
residential arrangements with each