South Carolina S 331: Infant Safe Havens

Bill Text

2025-2026 Bill 331 Text of Previous Version (Feb. 11, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 331

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 63-7-40, RELATING TO SAFE HAVENS FOR ABANDONED BABIES, SO AS TO ALLOW 
FOR THE USE OF NEWBORN SAFETY DEVICES AND FOR OTHER PURPOSES.

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

SECTION 1. Section 63-7-40 of the S.C. Code is amended to read:

 Section 
63-7-40. (A) For purposes of this section:

 (1) "Infant" means a person not more 
than sixty days old;

 (2) "Newborn safety device" means a 
padded and climate-controlled receptacle that meets one of the following 
requirements:

 (a) if the newborn safety device is 
located at a hospital or hospital outpatient facility, the newborn safety 
device is conspicuous and visible to hospital staff;

 (b) if the newborn safety device is 
located at a fire station, a law enforcement agency, or an emergency medical 
services station:

 (i) the fire station, law enforcement 
agency, or emergency medical services station is staffed by a first responder 
twenty-four hours per day, seven days per week, not including the time staff is 
dispatched for an emergency; and

 (ii) the newborn safety device is 
located in an area that is conspicuous and the newborn safety device is 
equipped with a motion sensor and a dual alarm system that is tested at least 
one time per month to ensure the alarm system is in working order. The dual 
alarm system must be programmed to sound first when the newborn safety device 
is opened, immediately notifying a 911 emergency service and dispatching an 
emergency medical services provider, law enforcement officer, or fire fighter 
to the location of the newborn safety device, and to sound a second time, 
immediately notifying a 911 emergency service, after movement is detected 
inside the newborn safety device; and

 (3) "Safe haven" means a hospital or 
hospital outpatient facility, a law enforcement agency, a fire station, an 
emergency medical services station, any safe haven location offering a newborn 
safety device.

 (A)(B) A safe haven in this State must, without a court 
order, take temporary physical custody of an infant who is voluntarily left 
with the safe haven by a person who does not express an intent to return for 
the infant and the circumstances give rise to a reasonable belief that the 
person does not intend to return for the infant. If the safe haven is a 
hospital or hospital outpatient facility, the hospital or hospital facility 
shall perform any act necessary to protect the physical health or safety of the 
infant; any other safe haven shall, as soon as possible, 
but no later than six hours after receiving an infant, immediately transport the infant to a hospital or 
hospital outpatient facility. The person leaving the infant is not required to 
disclose his or her identity; however, the person 
must leave the infant in the physical custody of a staff member or employee of 
the safe haven or in a newborn safety device in accordance 
with this section.

 (B)(C)(1) A 
facility, agency, or other location designated as a safe haven pursuant to 
subsection (J)(A)(2)(3) must post a notice 
prepared by the department on its premises that is prominently displayed for 
view by the public, stating that the facility, agency, or other location is a 
safe haven at which a person may leave an infant.

 (2) 
The safe haven must offer the person leaving the infant information concerning 
the legal effect of leaving the infant with the safe haven.

 (3) 
The safe haven must askoffer 
the person leaving the infant an opportunity to 
identify any parent of the infant other than the person leaving the infant with 
the safe haven.

 (4) The safe haven also must attempt to obtain from the person leaving the infant information concerning the infant's 
background and medical history as specified on a form provided by the 
department. This information must include, but is not limited to, information 
concerning the use of a controlled substance by the infant's mother., provided that information 
regarding the use of a controlled substance by the infant's mother is not 
admissible as evidence of the unlawful use of a controlled substance in any court 
proceeding. If the person does not wish to provide 
the information to a safe haven, then theThe 
safe haven must give the person a copy of the form and a prepaid envelope for 
mailing the form to the department if the person does not 
wish to provide the information to the safe haven. The department must 
provide these materials to safe havens.

 (a) The information and form required to 
be provided to a person leaving an infant with a safe haven as provided in this 
item must be included