South Carolina Adoption Laws, Page 7

Infant Safe Haven Laws

Infant's Age

Statute: § 20-7-85

  • Not more than 30 days old

Who May Relinquish the Infant

Statute: § 20-7-85

  • Parent
  • Person directed by parent

Who May Receive the Infant

Statute: § 20-7-85

  • Hospital
  • Hospital outpatient facility

Responsibilities of the Safe Haven Provider

Statute: § 20-7-85

  • Provide needed medical care to protect the health and safety of the child
  • Offer information to the parent about the legal effect of relinquishment
  • Attempt to obtain information about the child's medical history and background
  • Notify the department no later than the close of the first business day after the child has been relinquished

Immunity for the Provider

Statute: § 20-7-85

Yes

Protection for Relinquishing Parent

Statute: § 20-7-85

  • The parent is not required to disclose his or her identity.
  • Any identifying information that is disclosed must be kept confidential.
  • The parent is provided with immunity from prosecution for any criminal offense, as long as the child has suffered no harm.

Effect on Parental Rights

Statute: § 20-7-85

  • The department has legal custody of the child.
  • Abandonment is considered conclusive evidence that the requirements for termination of parental rights have been met.
  • Within 48 hours, the department will file a petition to:
  • Dispense with reasonable efforts
  • Terminate parental rights
  • A parent wishing to reunify with the child must assert parental rights at the first permanency planning hearing.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

 

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