South Carolina S 541: Involuntary Admission

Bill Text

2025-2026 Bill 541 Text of Previous Version (Apr. 03, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 541

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 44-20-30, RELATING TO DEFINITIONS PERTAINING TO INTELLECTUAL 
DISABILITY, RELATED DISABILITIES, HEAD INJURIES, AND SPINAL CORD INJURIES, SO 
AS TO PROVIDE DEFINITIONS FOR HEAD INJURY AND SPINAL CORD INJURY; AND BY 
AMENDING SECTION 44-20-450, RELATING TO PROCEEDINGS FOR INVOLUNTARY ADMISSION, 
SO AS TO ADD HEAD INJURIES TO QUALIFYING DISABILITIES FOR PROCEEDINGS FOR 
INVOLUNTARY ADMISSION OF A PERSON.

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

SECTION 1. Section 44-20-30 of the S.C. Code is amended by adding:

 (20) "Head injury" means an insult to 
the skull or brain, not of a degenerative or congenital nature but one caused 
by an external physical force, that may produce a diminished or altered state 
of consciousness that results in impairment of cognitive abilities or physical 
functioning and possibly in behavioral or emotional functioning. It does not 
include cerebral vascular accidents and aneurysms.

 (21) 
"Spinal cord injury" means an acute, traumatic lesion of neural elements in the 
spinal canal resulting in any degree of sensory deficit, motor deficit, or 
major life function deficit. The deficit or dysfunction may be temporary or 
permanent.

SECTION 2. Section 44-20-450 of the S.C. Code is amended to read:

 Section 
44-20-450. (A) For the purpose of involuntary judicial admission to the 
department, the person to be involuntarily judicially admitted must have an 
intellectual disability, a related disability, or a head injury, provided, 
however, that the head injury:

 (1) has resulted in impairment of 
general intellectual functioning or adaptive behavior similar to that of a 
person with intellectual disability and requires treatment or services similar 
to those required for persons with intellectual disabilities;

 (2) is likely to continue 
indefinitely;

 (3) results in substantial functional 
limitations in at least two of the following life activities:

 (a) self-care;

 (b) receptive and expressive 
communication;

 (c) learning;

 (d) mobility;

 (e) self-direction;

 (f) capacity for independent living; or

 (g) economic self-sufficiency; and

 (4) reflects the person's need for a combination 
and sequence of special interdisciplinary or generic care or treatment or other 
services which are of lifelong or extended duration and are individually 
planned and coordinated.

 (B) Proceedings for the 
involuntary admission of a person with intellectual disability, or a related disability, or a head injury to the services of the department may 
be initiated by the filing of a verified petition with the probate or the 
family court by:

 (1) 
the spouse;

 (2) 
a relative;

 (3) 
the parents;

 (4) 
a parent with legal custody;

 (5) 
the legal guardian of the person;

 (6) 
the person in charge of a public or private institution in which the individual 
is residing at the time;

 (7) 
the director of the county department of social services of the county in which 
the person resides; or

 (8) 
a solicitor or an assistant solicitor responsible for the criminal prosecution 
pursuant to Section 44-23-430(2).

 Upon filing of the 
petition, the judge shall set a date for a hearing on it and ensure that the 
client has an attorney who represents him. The parents, parent with legal 
custody, spouse, guardian, or nearest known relative of the person alleged to 
have intellectual disability, or 
a related disability, or a head injury and 
in whose behalf the petition has been made and in the discretion of the court, 
the individual alleged to have intellectual disability, 
or a related disability, or a 
head injury and the department must be served by the court with a 
written notice of the time and place of the hearing, together with a written 
statement of the matters stated in the petition. If no parent, spouse, legal 
guardian, or known relative of the person alleged to have intellectual 
disability, or a 
related disability, or a head injury is found, the 
court shall appoint a guardian ad litem to represent the person alleged to have 
intellectual disability, or 
a related disability, or a head injury, and the 
notice must be served upon the guardian. If the parent, spouse, guardian, or 
known relative of the person alleged to have intellectual disability, or a related disability, or a head injury is found, he must be notified of the 
right to an attorney at the hearing.

 (B) (C) The hearing on the petition may be in the courthouse 
or at the place of residence of the person alleged to have intellectual 
disability, or a 
related disability, or a head injury or at another 
place