LegalFix
Sign In

Section 63-7-750. Doctor or hospital may detain child; civil immunity.

SC Code § 63-7-750 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(A) A physician or hospital to which a child has been brought for treatment may detain the child for up to twenty-four hours without the consent of the person responsible for the child's welfare if the physician or hospital:

(1) has reason to believe that the child has been abused or neglected;

(2) has made a report to a law enforcement agency and the department pursuant to Section 63-7-310, stating the time the physician notified the agency or department that the child was being detained until a law enforcement officer could arrive to determine whether the officer should take emergency physical custody of the child pursuant to Subarticle 3; and

(3) has reason to believe that release of the child to the child's parent, guardian, custodian, or caretaker presents an imminent danger to the child's life, health, or physical safety. A hospital must designate a qualified person or persons within the hospital who shall have sole authority to detain a child on behalf of the hospital.

(B) A physician or hospital that detains a child in good faith as provided in this section is immune from civil or criminal liability for detaining the child.

HISTORY: 2008 Act No. 361, Section 2.

Previous Section
Section 63-7-740. Ex parte emergency protective custody.
Next Section
Section 63-7-760. Protocols.