H*2945 Session 107 (1987-1988)
H*2945(Rat #0485, Act #0441 of 1988) General Bill, By P. Evatt, D.M. Beasley,
Hayes, J.G. Mattos and J.G. McAbee
Similar(S 654)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Subarticle
4 to Article 3, Chapter 7, Title 20 so as to create and provide for a guardian
ad litem program for training and supervision of volunteers serving as court
appointed special advocates for children in abuse and neglect proceedings
within the family court and to provide for funding of the program; and to
amend Section 20-7-690, relating to the confidentiality of reports and records
maintained by the Department of Social Services, child protective service
agencies, and the central registry of child abuse and neglect, so as to revise
the provisions authorizing the reports and records to be made available.
04/14/87 House Introduced and read first time HJ-1831
04/14/87 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-1831
01/21/88 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-481
02/04/88 House Amended HJ-961
02/04/88 House Read second time HJ-961
02/04/88 House Unanimous consent for third reading on next
legislative day HJ-961
02/05/88 House Read third time and sent to Senate HJ-976
02/09/88 Senate Introduced and read first time SJ-6
02/09/88 Senate Referred to Committee on Judiciary SJ-7
03/24/88 Senate Committee report: Favorable Judiciary SJ-17
03/29/88 Senate Read second time SJ-21
03/29/88 Senate Unanimous consent for third reading on next
legislative day SJ-22
03/30/88 Senate Read third time and enrolled SJ-6
04/12/88 Ratified R 485
04/18/88 Signed By Governor
04/18/88 Effective date 04/18/88
04/18/88 Act No. 441
04/25/88 Copies available
(A441, R485, H2945)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE
4 TO ARTICLE 3, CHAPTER 7, TITLE 20 SO AS TO CREATE AND PROVIDE FOR A GUARDIAN
AD LITEM PROGRAM FOR TRAINING AND SUPERVISION OF VOLUNTEERS SERVING AS COURT
APPOINTED SPECIAL ADVOCATES FOR CHILDREN IN ABUSE AND NEGLECT PROCEEDINGS WITHIN
THE FAMILY COURT AND TO PROVIDE FOR FUNDING OF THE PROGRAM; AND TO AMEND SECTION
20-7-690, RELATING TO THE CONFIDENTIALITY OF REPORTS AND RECORDS MAINTAINED BY
THE DEPARTMENT OF SOCIAL SERVICES, CHILD PROTECTIVE SERVICE AGENCIES, AND THE
CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO REVISE THE PROVISIONS
AUTHORIZING THE REPORTS AND RECORDS TO BE MADE AVAILABLE.
Be it enacted by the General Assembly of the State of South Carolina:
Purpose
SECTION 1. The purpose of this subarticle is to provide for a statewide system
of trained volunteer guardians ad litem to ensure that children who are abused
or neglected have their best interests represented in those actions before the
family court.
South Carolina Guardian ad Litem Program
SECTION 2. Article 3 of Chapter 7 of Title 20 of the 1976 Code is amended by
adding:
"Subarticle 4
South Carolina Guardian ad Litem Program
Section 20-7-121. There is created the South Carolina Guardian ad Litem
Program to serve as a statewide system to provide training and supervision to
volunteers who serve as court appointed special advocates for children in abuse
and neglect proceedings within the family court, pursuant to Section 20-7-110.
Section 20-7-122. The responsibilities and duties of the guardian ad litem
are:
(1) to represent the best interests of the child;
(2) to advocate for the welfare and rights of a child involved in an abuse or
neglect proceeding;
(3) to conduct an independent assessment of the facts, the needs of the child,
and the available resources within the family and community to meet those needs;
(4) to maintain accurate, written case records;
(5) to provide the family court with a written report, consistent with the
rules of evidence and the rules of the court, which includes without limitation
evaluation and assessment of the issues brought before the court and
recommendations for the case plan, the wishes of the child, if appropriate, and
subsequent disposition of the case;
(6) to monitor compliance with the orders of the family court and to make the
motions necessary to enforce the orders of the court or seek judicial review;
(7) to protect and promote the best interests of the child until formally
relieved of the responsibility by the family court.
Section 20-7-123. No person may be appointed as a guardian ad litem for a
child in an abuse or neglect proceeding who has been convicted of any crime
listed in Chapter 3 of Title 16, Offenses Against the Person, in Chapter 15 of
Title 16, Offenses Against Morality and Decency, in Article 3 of Chapter 53 of
Title 44, Narcotics and Controlled Substances, or for the crime of contributing
to the delinquency of a minor, provided for in Section 16-17-490.
Section 20-7-124. (A) 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.
(B) The guardian ad litem is authorized to:
(1) conduct an independent assessment of the facts;
(2) confer with and observe the child involved;
(3) interview persons involved in the case;
(4) participate on any multidisciplinary evaluation team for the case on
which the guardian ad litem has been appointed;
(5) make recommendations to the court concerning the child's welfare;
(6) make motions necessary to enforce the orders of the court, seek judicial
review, or petition the court for relief on behalf of the child.
(C) The guardian ad litem is authorized through counsel to introduce, examine,
and cross-examine witnesses in any proceeding involving the child and participate
in the proceedings to any degree necessary to represent the child adequately.
Section 20-7-125. All reports made and information collected as described in
Section 20-7-690(A) must be made available to the guardian ad litem by the State
Department of Social Services. Upon proof of appointment as guardian ad litem
and upon his request, access to information must be made available to him by the
appropriate medical and dental authorities, psychologists, social workers,
counselors, schools, and any agency providing services to the child.
Section 20-7-126. All reports and information collected pursuant to this
subarticle maintained by the Guardian ad Litem Program are confidential except
as provided for in 20-7-690(C). Any 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
20-7-1350.
The name, address, and other identifying characteristics of any person named
in a report determined to be judicially unfounded must be destroyed one year from
the date of the determination. The name, address, and other identifying
characteristics of any person named in a report determined to be judicially
indicated must be destroyed seven years from the date that the guardian ad litem
formally is relieved of his responsibility by the family court.
Section 20-7-127. After participating in the training program of the Guardian
ad Litem Program, any person who is appointed to serve as guardian ad litem and
serves without compensation is not liable for any civil damages for any personal
injury as a result of any act or omission by the person in the discharge of the
responsibilities of a guardian ad litem if he acts in good faith and is not
guilty of gross negligence.
Section 20-7-128. (A) There is created the South Carolina Guardian ad Litem
Program Advisory Board consisting of nine members as follows:
(1) the chairman of the Joint Legislative Committee on Children, or his
designee;
(2) the chairman of the House Ways and Means Committee, or his designee;
(3) the chairman of the Senate Finance Committee, or his designee;
(4) the State Commissioner of Social Services, or his designee;
(5) the President of the State Council of Family Court Judges, or his
designee;
(6) the Director of the Division of Court Administration, or his designee;
(7) two Family Court Judges appointed by the Chief Justice of the State
Supreme Court;
(8) a private attorney who practices family or domestic law appointed by the
Chairman of the Joint Legislative Committee on Children.
(B) The terms of the members are coterminous with their terms of office or
with their positions except for the private attorney. The term of the attorney
is for two years.
(C) The Chairman of the Joint Legislative Committee on Children shall serve
as chairman of the board. The board shall meet at least four times annually and
more frequently upon the call of the chairman to review and evaluate the
activities of the Guardian ad Litem Program."
Availability to child's guardian ad litem and attorney of reports and records
relating to children
SECTION 3. Section 20-7-690(B) of the 1976 Code is amended to read:
"(B) All reports made and information collected as described in
subsection (A) must be made available to the ombudsman of the office of the
Governor and to any person appointed as a child's guardian ad litem and the
child's attorney pursuant to Section 20-7-110."
Reports and records available to child's guardian ad litem and attorney deleted
SECTION 4. Section 20-7-690 of the 1976 Code is amended by deleting item (5)
of subsection (C).
Funding
SECTION 5. The General Assembly shall provide the funds necessary to carry out
the provisions of this act. Until the program has been implemented in each
county as a part of the statewide system, the program must be administered by the
University of South Carolina TRIO Programs through a contract with the Joint
Legislative Committee on Children.
Time effective
SECTION 6. This act takes effect upon approval by the Governor. |