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Daniel's Law - Safe Haven for Babies

Daniel's Law

Daniel's Law was signed into law in 2001 and is named for an infant boy who survived after being buried in a landfill in Allendale County soon after his birth. Nurses named him Daniel as he recovered at a hospital. The Safe Haven for Abandoned Babies Act, now known as Daniel's Law, was enacted to prevent these kinds of dangerous and often fatal abandonments.

Under the law, instead of abandoning a baby up to sixty days old in dangerous circumstances, a person can surrender their newborn baby at a designated location. They can give their child a chance at a happy, healthy life with a loving family.
Daniel's Law is intended to save babies. It is not intended to hurt or punish anyone. It provides a safe option for mother and baby.

You should know:

  • The law applies to infants up to 60 days old.
  • If the baby has been harmed in some way, the immunity from prosecution may not apply.
  • A person who abandons a newborn cannot be prosecuted for abandonment if he or she takes the baby to staff or an employee of a Safe Haven as defined in state law. Safe Havens are defined as a hospital or hospital outpatient facility, law enforcement agencies, fire stations, emergency medical services (EMS) stations, or a house of worship during the time the church or synagogue is staffed. The receiving “safe haven” should complete this form
  • DSS will have legal custody of the child and will place the child in a foster home.
  • DSS will immediately pursue family court action to free the child for adoption.
  • The hospital will provide medical care and contact DSS.
  • The person leaving the child will be asked to provide medical information about the baby’s parents and, if possible, the name of the baby’s parents. This will help the medical personnel treat the baby for any health problems.
  • The person leaving the child does not have to reveal his or her identity. 

If you are pregnant and confused or frightened about what to do with your baby or know someone who is pregnant and in crisis – there are people who can help – the Department of Social Services, your local health department, and your local hospital.

 

Daniel’s Law Babies By Calendar Year

 

TOTAL

2009

1

2010

1

2011

5

2012

3

2013

4

2014

4

2015

3

2016

6

2017

5

2018

4

2019

6

2020

2*

2021

5

2022

2023

8

2024

4 (current as of 5/6/2024)

 TOTAL

68

*One baby in 2020 was initially reported as a Daniel’s Law baby, but birth mother went through the relinquishment process which meant it was no longer classified as Daniel’s Law.


NOTE: Daniel's Law data is available from calendar year 2009 through present.  

Click here to view notices of safe abandonments. (Notices prior to May 2019.) 
Click here to download a Daniel's Law sign.  
Click here to download a Daniel's Law poster.
Click here to download a Daniel's Law brochure.
Haga clic aquí para el folleto en español.

 


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Do you have a complaint regarding services being provided to a child by a state agency? Please submit your complaint by phone (1-800-206-1957) or an electronic submission form here with the South Carolina Department of Children's Advocacy.