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A37, R92, H3118
Sponsors: Reps. Kirsh, J.E. Smith, Funderburk, Weeks and Hutto
Document Path: l:\council\bills\nbd\11011ac09.docx
Companion/Similar bill(s): 434
Introduced in the House on January 13, 2009
Introduced in the Senate on April 30, 2009
Last Amended on April 29, 2009
Passed by the General Assembly on May 19, 2009
Governor's Action: June 2, 2009, Signed
Summary: Guardian ad litem
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/9/2008 House Prefiled 12/9/2008 House Referred to Committee on Judiciary 1/13/2009 House Introduced and read first time HJ-54 1/13/2009 House Referred to Committee on Judiciary HJ-55 2/12/2009 House Member(s) request name added as sponsor: J.E.Smith 3/31/2009 House Member(s) request name added as sponsor: Funderburk 4/22/2009 House Committee report: Favorable with amendment Judiciary HJ-6 4/23/2009 House Member(s) request name added as sponsor: Weeks 4/28/2009 House Debate adjourned until Wednesday, April 29, 2009 HJ-26 4/29/2009 House Member(s) request name added as sponsor: Hutto 4/29/2009 House Amended 4/29/2009 House Read second time 4/30/2009 House Read third time and sent to Senate HJ-13 4/30/2009 Senate Introduced and read first time SJ-13 4/30/2009 Senate Referred to Committee on Judiciary SJ-13 5/4/2009 Senate Referred to Subcommittee: Sheheen (ch), Knotts, Campsen, Lourie, Campbell 5/13/2009 Senate Committee report: Favorable Judiciary SJ-13 5/14/2009 Senate Read second time SJ-28 5/19/2009 Senate Read third time and enrolled SJ-18 5/27/2009 Ratified R 92 6/2/2009 Signed By Governor 6/11/2009 Effective date 06/02/09 6/12/2009 Act No. 37
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VERSIONS OF THIS BILL
(A37, R92, H3118)
AN ACT TO AMEND SECTION 63-11-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF GUARDIANS AD LITEM IN CHILD ABUSE AND NEGLECT CASES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, OR A COUNTY GUARDIAN AD LITEM PROGRAM, HAS THE RIGHT TO INTERVENE IN A PROCEEDING TO PETITION TO HAVE THE VOLUNTEER GUARDIAN AD LITEM REMOVED AND TO SPECIFY GROUNDS FOR REMOVAL; AND TO AMEND SECTION 63-11-550, RELATING TO CONFIDENTIALITY OF REPORTS AND INFORMATION MAINTAINED BY THE GUARDIAN AD LITEM PROGRAM, SO AS TO ALSO PROVIDE THAT REPORTS AND INFORMATION MAINTAINED BY A GUARDIAN AD LITEM IS CONFIDENTIAL.
Be it enacted by the General Assembly of the State of South Carolina:
Grounds for removal of a volunteer guardian ad litem
SECTION 1. Section 63-11-530(A) of the 1976 Code, as added by Act 361 of 2008, is amended to read:
"(A)(1) The guardian ad litem is charged in general with the duty of representation of the child's best interests. After appointment by the family court to a case involving an abused or neglected child, the guardian ad litem shall receive appropriate notice of all court hearings and proceedings regarding the child. The obligation of the guardian ad litem to the court is a continuing one and continues until formally relieved by the court.
(2) The South Carolina Guardian ad Litem Program, or a county guardian ad litem program operating pursuant to Section 63-11-500, whichever is appropriate, may intervene in an abuse or neglect proceeding in order to petition the court to relieve the volunteer, lay guardian ad litem from appointment for the following reasons:
(b) conflict of interest;
(d) persistent neglect of duties;
(e) incompetence; or
(f) a knowing and wilful violation of program policies and procedures that affect the health, safety, and welfare of the child.
(3) The court shall determine what is in the best interest of the child when ruling on the petition."
Confidentiality of reports and information
SECTION 2. Section 63-11-550(A) of the 1976 Code, as added by Act 361 of 2008, is amended to read:
"(A) All reports and information collected pursuant to this article maintained by the South Carolina Guardian ad Litem Program, or a county guardian ad litem program operating pursuant to Section 63-11-500(B) or by a guardian ad litem, are confidential except as provided for in Section 63-7-1990(C). A person who disseminates or permits the unauthorized dissemination of the information is guilty of contempt of court and, upon conviction, may be fined or imprisoned, or both, pursuant to Section 63-3-620."
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 27th day of May, 2009.
Approved the 2nd day of June, 2009.
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