Current Status Bill Number:
3900Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950329Primary Sponsor: HuffAll Sponsors: HuffDrafted Document Number: BR1\18319AC.95Companion Bill Number: 456Residing Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Guardian ad litem
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19950523 Recommitted to Committee 25 HJ House 19950518 Recalled from Committee 25 HJ House 19950329 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
May 18, 1995
S. Printed 5/18/95--H.
Read the first time March 29, 1995.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM IN FAMILY COURT PROCEEDINGS.
Whereas, the General Assembly finds that the function of a court-appointed guardian ad litem in a Family Court proceeding is to aid the court in its determination as to the best interests of the child. The General Assembly further finds that a guardian ad litem must be able to function without the fear or concern about later harassment and intimidation from dissatisfied parents or other persons. Public policy requires immunity from civil liability for court-appointed guardians ad litem. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-115. A Family Court-appointed guardian ad litem is immune from civil liability for acts or omissions related to the court appointment."
SECTION 2. Section 20-7-127 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor and applies retrospectively to all causes of action as to which no final judgment has been entered and applies prospectively as of this act's effective date.