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COMMITTEE REPORT
May 13, 2009
H. 3118
Introduced by Reps. Kirsh, J.E. Smith, Funderburk, Weeks and Hutto
S. Printed 5/13/09--S.
Read the first time April 30, 2009.
To whom was referred a Bill (H. 3118) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JOEL LOURIE for Committee.
EXPLANATION OF IMPACT:
A review of this bill by the Governor's Office - Office of Executive Policy and Programs indicates there will be no impact on the General Fund of the State or on federal and/or other funds.
Approved By:
Harry Bell
Office of State Budget
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 HAS THE RIGHT TO INTERVENE IN A PROCEEDING TO PETITION TO HAVE THE GUARDIAN AD LITEM REMOVED IF THE GUARDIAN AD LITEM IS NOT IN COMPLIANCE WITH STATE LAW OR IS NOT ACTING IN THE BEST INTEREST OF THE CHILD; 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:
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:
(a) incapacity;
(b) conflict of interest;
(c) misconduct;
(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."
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.
This web page was last updated on May 13, 2009 at 6:45 PM