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Bill 3604

                    Current Status

Bill Number:                      3604
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010221
Primary Sponsor:                  Campsen
All Sponsors:                     Campsen and Altman
Drafted Document Number:          l:\council\bills\nbd\11268ac01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Guardian Ad Litem Parental Choice Act, 
                                  Minors, Child custody, Courts, Family, 
                                  Domestic Relations, Divorce


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010221  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO ENACT THE "GUARDIAN AD LITEM PARENTAL CHOICE ACT" WHICH PROVIDES THAT IN A FAMILY COURT PROCEEDING IN WHICH CUSTODY OR VISITATION ARE IN ISSUE THE PARTIES TO THE ACTION MAY RECOMMEND AN AGREED-UPON GUARDIAN AD LITEM WHICH THE COURT MUST APPOINT UNLESS THERE ARE FINDINGS THAT THE INDIVIDUAL IS NOT FIT OR COMPETENT TO SERVE, TO PROVIDE THAT THE GUARDIAN AD LITEM MAY PARTICIPATE IN THE PROCEEDING THROUGH COUNSEL TO A PARTY OR MAY RETAIN COUNSEL, AND TO REQUIRE THE GUARDIAN AD LITEM TO DISCLOSE THE TERMS OF COMPENSATION FOR SERVICES TO BE RENDERED AND FOR LEGAL COUNSEL IF RETAINED OR APPOINTED BY THE COURT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    This act may be cited as the "Guardian Ad Litem Parental Choice Act".

SECTION    2.    The 1976 Code is amended by adding:

    "Section 20-7-112.    (A)    In all family court proceedings in which child custody or visitation is in issue and a guardian ad litem is to be appointed, the parties to the action may recommend to the court an agreed-upon guardian ad litem. In such case, the court shall appoint that guardian ad litem unless the court finds that the individual is unfit or incompetent to serve in that capacity or if there are allegations of abuse or neglect and the court finds that the appointment of that guardian ad litem would not serve the best interest of the child. This appointment is final unless the court subsequently makes findings of fact that the individual is unfit or incompetent to serve.

    (B)    The guardian ad litem may introduce, examine, and cross-examine witnesses in the proceeding through counsel to a party to the action and counsel may participate in the proceedings to any degree necessary to represent the child adequately. At anytime during the proceeding a guardian ad litem also may retain legal counsel or the court may appoint legal counsel if it is necessary to protect the best interest of the child.

    (C)    Before the guardian ad litem undertakes the responsibilities of the position, the guardian ad litem shall disclose in writing to the parties the terms of compensation for services to be rendered and if legal counsel is to be retained and at what compensation. If counsel is subsequently retained or appointed by the court, the terms of compensation for counsel must be disclosed to the parties in writing at that time."

SECTION    3.    This act takes effect upon approval by the Governor.

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