South Carolina H 3113: Safe Havens

Bill Text

2025-2026 Bill 3113 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3113

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 INFANT SAFE HAVENS, 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) 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 when the safe haven offers a 
newborn safety device for use in accordance with this section.

 (B)(1) A facility, agency, or other 
location designated as a safe haven pursuant to subsection (J)(2) 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. The safe haven also must attempt to obtain from the person 
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. The 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. 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 
in every newborn safety device for a person using a newborn safety device.

 (4) 
Identifying information disclosed by the person leaving the infant must be kept 
confidential by the safe haven 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 safe haven may disclose the information as 
permitted by confidentiality protections applicable to records of the safe 
haven, if the safe haven has such confidentiality protections for records. The 
department must maintain confidentiality of this information in accordance with 
Section 63-7-1990.

 (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 an infant pursuant 
to subsection (A), the hospital or hospital outpatient facility shall notify 
the department that it has taken temporary physical custody of the infant. The 
department has legal custody of the infant immediately upon receipt of the 
notice. The department shall assume physical control of the infant as soon as 
practicable upon receipt of the notice, but no later than twenty-four hours 
after receiving notice that the infant 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 Subarticle 3 of, Article 3 do not apply. The department is not required to initiateprohibited 
from initiating a child protective services investigation solely because 
an infant comes into its custody under this subsection.

 (D) 
Immediately after receiving notice from a hospital or