Text of SC H 5354 (2026)
Department of Social Services
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As introduced
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South Carolina General Assembly
126th Session, 2025-2026
Bill 5354
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 ADDING SECTION 63-7-2355 SO AS TO REQUIRE THAT
CHILDREN IN FOSTER CARE WHO ARE PLACED IN RESIDENTIAL FACILITIES BE ASSIGNED TO
SEX-SPECIFIC FACILITIES BASED ON THE CHILD'S ANATOMICAL SEX AT BIRTH AS
RECOGNIZED ON THEIR ORIGINAL BIRTH CERTIFICATE.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 7, Title 63 of the S.C. Code is
amended by adding:
Section
63-7-2355. (A) Any residential
facility licensed by the Department of Social Services for the placement of
children in foster care shall assign residents to housing units, sleeping
quarters, and other sex-specific facilities based strictly upon the
individual's anatomical sex at birth as recognized on their original birth
certificate and shall not take into consideration the gender identity of the
child.
(B)
The department is responsible for monitoring compliance and enforcing the
provisions of this section.
(C)
Any residential facility found to be in wilful violation of this section is
subject to administrative penalties, up to and including licensing sanctions.
(D)
For the purposes of this section, "residential facility" means a group home,
residential treatment center, or other facility that, pursuant to a contract
with or a license or permit issued by the department, provides residential
services to children in the custody of the department. This includes, but is
not limited to, child caring institutions, emergency shelters, group homes,
wilderness therapeutic camps, and organizations with supervised individual
living facilities.
SECTION 2. This act takes effect upon approval
by the Governor.
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This web page was last updated on March 11, 2026 at 11:12 AM