South Carolina House Bill H4302

South Carolina 2025-2026 Regular Session

• Introduced: 4/3/25
• Refer: 4/3/25

Caption

Foster Care

Impact

The enforcement of this bill is expected to significantly reshape how residential facilities for children in foster care operate within South Carolina. Facilities that do not comply will face financial penalties, which could impact their operational sustainability. Furthermore, the bill grants the Department of Social Services the authority to monitor compliance, giving the state a more active role in the oversight of foster care placements. By prioritizing anatomical sex-based assignments, the bill could lead to a reduction in funding for facilities that are unable to meet these requirements, possibly altering the availability of services within affected communities.

Summary

House Bill H4302 proposes an amendment to the South Carolina Code of Laws that mandates the assignment of children in foster care to sex-specific residential facilities based on their anatomical sex at birth as indicated on their original birth certificates. This bill is primarily aimed at facilities that receive state funding, and it emphasizes compliance with this requirement to ensure the appropriate placement of youth within these facilities. The bill outlines specific repercussions for facilities that fail to adhere to this regulation, including loss of state funds for a year following any violations.

Contention

This bill has the potential to ignite various debates surrounding gender identity and the rights of children in foster care. Supporters may argue that such measures are necessary to uphold safety and promote stability within residential settings. However, opponents might contend that the bill infringes upon the rights of transgender and non-binary children by not considering their gender identity and could lead to increased marginalization and discrimination. The discussion surrounding H4302 is likely to attract attention from various advocacy groups and could become a focal point for broader conversations about LGBTQ+ rights in South Carolina.