2015-2016 Bill 3522 Text of Previous Version (Feb. 25, 2015) - South Carolina Legislature Online

1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 February 25, 2015 6 7 H. 3522 8 9 Introduced by Rep. Norrell 10 11 S. Printed 2/25/15--H. 12 Read the first time February 4, 2015. 13 14 15 THE COMMITTEE ON JUDICIARY 16 To whom was referred a Bill (H. 3522) to amend Section 63740, 17 Code of Laws of South Carolina, 1976, relating to infant safe 18 havens at which a person may leave an infant under certain, etc., 19 respectfully 20 REPORT: 21 That they have duly and carefully considered the same and 22 recommend that the same do pass: 23 24 F. GREGORY DELLENEY, JR. for Committee. 25

[3522-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 63740, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO INFANT SAFE HAVENS 13 AT WHICH A PERSON MAY LEAVE AN INFANT UNDER 14 CERTAIN CIRCUMSTANCES, SO AS TO REQUIRE SAFE 15 HAVENS TO POST A NOTICE THAT STATES THAT THE 16 LOCATION IS A SAFE HAVEN AND TO REQUIRE THE 17 DEPARTMENT OF SOCIAL SERVICES TO PREPARE THE 18 NOTICE FOR USE BY SAFE HAVENS. 19 20 Be it enacted by the General Assembly of the State of South 21 Carolina: 22 23 SECTION 1. Section 63740(B) of the 1976 Code is amended to 24 read: 25 26 “(B)(1) A facility, agency, or other location designated as a 27 safe haven pursuant to subsection (J)(2) shall post a notice 28 prepared by the department on its premises that is prominently 29 displayed for view by the public, stating that the facility, agency, 30 or other location is a safe haven at which a person may leave an 31 infant. 32 (2) The safe haven must shall offer the person leaving the 33 infant information concerning the legal effect of leaving the infant 34 with the safe haven. 35 (2)(3) The safe haven must shall ask the person leaving the 36 infant to identify any parent of the infant other than the person 37 leaving the infant with the safe haven. The safe haven also must 38 shall attempt to obtain from the person information concerning the 39 infant’s background and medical history as specified on a form 40 provided by the Department of Social Services department. This 41 information includes must include, but is not limited to, 42 information concerning the use of a controlled substance by the

[3522] 2 1 infant’s mother, provided that information regarding the use of a 2 controlled substance by the infant’s mother is not admissible as 3 evidence of the unlawful use of a controlled substance in any court 4 proceeding. The safe haven shall give the person a copy of the 5 form and a prepaid envelope for mailing the form to the 6 Department of Social Services department if the person does not 7 wish to provide the information to the safe haven. These The 8 department shall provide these materials must be provided to safe 9 havens by the department. 10 (3)(4) Any Identifying information disclosed by the person 11 leaving the infant must be kept confidential by the safe haven and 12 disclosed to no one other than the department. However, if a court 13 determines that the immunity provisions of subsection (H) do not 14 apply, the safe haven may disclose the information as permitted by 15 confidentiality protections applicable to records of the safe haven, 16 if the safe haven has such confidentiality protections for records. 17 The department shall maintain confidentiality of this information 18 in accordance with Section 6371990.” 19 20 SECTION 2. This act takes effect upon approval by the 21 Governor. 22 XX 23

[3522] 3