If the Department of Health and Environmental Control believes that a person must be isolated pursuant to Section 44-29-90, 44-29-100, or 44-29-110, it shall file a petition with the probate court of the county where the person is located or where the person resides. The complaint must state the specific harm thought probable and the factual basis for this belief. If the court, after due notice and hearing, is satisfied that the petition is well-founded, it may order that the person must be isolated.
Any person isolated pursuant to Section 44-29-90, 44-29-100, or 44-29-110 has the right to appeal to any court having jurisdiction for review of the evidence under which he was isolated.
A court may not order isolation for more than ninety days. If the department determines that the grounds for isolation no longer exist, it shall file a notice of intent to discharge with the court before the person isolated is released.
The person for whom isolation is sought must be represented by counsel at all proceedings and, if he cannot afford to hire an attorney, the court shall appoint an attorney to represent him. The attorney for the person isolated must have access to any documents regarding the isolation.
HISTORY: 1988 Act No. 490, Section 15.
Structure South Carolina Code of Laws
Chapter 29 - Contagious And Infectious Diseases
Section 44-29-30. Burying or burning of dead animals and poultry.
Section 44-29-50. Violation of regulation relating to vaccination, screening, or immunization.
Section 44-29-70. Reports of cases of sexually transmitted diseases.
Section 44-29-90. Examination, treatment, and isolation of persons infected with venereal disease.
Section 44-29-115. Procedure for isolation.
Section 44-29-120. Serological blood tests for pregnant women.
Section 44-29-130. Adoption of regulations pertaining to sexually transmitted disease.
Section 44-29-135. Confidentiality of sexually transmitted disease records.
Section 44-29-140. Penalties pertaining to venereal disease.
Section 44-29-145. Penalty for exposing others to Human Immunodeficiency Virus.
Section 44-29-160. Health certificates for employees in schools and child care facilities.
Section 44-29-170. Form of certificate.
Section 44-29-185. Adolescent cervical cancer vaccinations.
Section 44-29-190. Penalty for violation of Section 44-29-180.
Section 44-29-230. Testing required when health care worker exposed to bloodborne disease.
Section 44-29-250. Confidentiality of anonymous HIV test results; reporting requirements.