Current Status Bill Number:741 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970508 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:s-res\mcconnell\res1424.gfm Residing Body: Senate Current Committee:Judiciary Committee 11 SJ Subject:Guardian ad litems, immunity from liability when acting in official duties; Minors, Domestic Relations, Torts
Body Date Action Description Com Leg Involved
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Senate 19970508 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-78-30(C) RELATING TO THE DEFINITION OF EMPLOYEE SO AS TO PROVIDE THAT A GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS WHEN ACTING IN THE SCOPE OF THEIR OFFICIAL DUTY; TO ADD ITEM (32) TO SECTION 15-78-60 RELATING TO GOVERNMENTAL IMMUNITY FOR ACTS AND OMISSIONS OF VOLUNTEERS IN PUBLIC GUARDIAN AD LITEM PROGRAMS AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEMS.
Whereas, the General Assembly finds that the function of guardian ad litems is to aid the 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 guardians ad litem. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-78-30(c) of the 1976 Code of Laws is amended to read:
"(c) Prior to January 1, 1989, `Employee employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.
On or after January 1, 1989, `Employee employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, and volunteers in a public guardian ad litem program serving without compensation or with nominal compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State."
SECTION 2. Section 15-78-60 of the 1976 Code is amended by adding a new item to read:
"(32) acts and omissions of volunteers in public guardian ad litem programs serving without compensation or with nominal compensation and acting within the scope of their responsibilities as court-appointed guardians ad litem, when such acts or omissions are done in good faith, and do not constitute gross negligence, recklessness, wilfulness, or wantonness."
SECTION 3. Section 20-7-127 of the 1976 Code is repealed.
SECTION 4. This act takes effect upon approval by the Governor.