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Bill 3686

                    Current Status

Bill Number:                      3686
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990309
Primary Sponsor:                  Altman
All Sponsors:                     Altman
Drafted Document Number:          l:\council\bills\gjk\20327afc99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Guardian ad litems, custody or visitation 
                                  issues; Minors, Social Services Department, 
                                  Registry of Guardians ad Litem


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990309  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO SPECIFY THAT A GUARDIAN AD LITEM IN CASES IN WHICH CUSTODY OR VISITATION IS IN ISSUE MUST BE AN ATTORNEY, A PERSON TRAINED BY THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, OR REGISTERED WITH THE DEPARTMENT OF SOCIAL SERVICES; AND TO ADD SECTION 20-7-1542 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH A REGISTRY OF GUARDIANS AD LITEM, AND TO PRESCRIBE REQUIREMENTS FOR REGISTRATION, PROCEDURES FOR FILING COMPLAINTS, AND GROUNDS FOR REVOKING A REGISTRATION .

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-1540. In an action before the family court in which custody or visitation is in issue and the court appoints a guardian ad litem for a child, the guardian ad litem must be:

(1) an attorney; or

(2) a person who has been a volunteer trained by and in good standing with the South Carolina Guardian ad Litem program within the past two years; or

(3) a person registered with the Department of Social Services pursuant to Section 20-7-1542 to serve as a guardian ad litem."

SECTION 2. The 1976 Code is amended by adding:

"Section 20-7-1542. (A) There is established within the Department of Social Services the Registry of Guardians ad Litem. The department shall maintain, annually publish, and make available to the public on request and through the Internet the list of persons who are currently on the registry. The department may charge an administrative fee for the cost of reproducing the registry list.

(B) To register as a guardian ad litem, a person:

(1) must:

(a) be thirty years old or older;

(b) have a college degree or education and experience approved by the department;

(c) have experience in children's services, children's advocacy, as a licensed counselor or in a related activity; and

(2) shall complete an application on a form provided by the department and submit the application to the department with:

(a) three references indicating that the person is of good moral character;

(b) an affidavit stating:

(i) whether the person is currently charged with or has been convicted or pled guilty or nolo contendere to a crime involving moral turpitude or a felony;

(ii) whether the person is currently or has been within the past five years a plaintiff or defendant in any judicial or administrative proceeding and the nature and result of the proceeding;

(iii) whether any complaints have been filed against the applicant as a guardian ad litem and when and how the complaint was resolved;

(c) the results of a state fingerprint check and a Federal Bureau of Investigation criminal records check, obtained at the expense of the applicant;

(d) a certified copy of a credit report dated within forty-five days of submitting the report;

(e) if the applicant previously has served as a guardian ad litem, up to five case names and file numbers of the cases in which the guardian served;

(f) a letter of recommendation from three sitting family court judges who know the applicant;

(g) a licensed physician's statement indicating the applicant is in good physical health;

(h) the results of the Minnesota Multiphasic Personality Inventory (MMPI) administered within the last six months.

(C) The department shall verify that the person is not on the department's Central Registry of Abuse and Neglect as a subject of a founded or indicated report of abuse or neglect.

(D) Upon receipt of the application and information required in subsection (B) and the verification required by subsection (C), the department shall publish on the Internet and submit the names of the applicants to the family court administrative judges and county bar associations in the three circuits nearest to the applicant's county of residence for publication to members of the bench and bar for a sixty-day comment period. Following the comment period, the department, in its discretion, may enter the person's name in the Registry of Guardians ad Litem. To continue on the registry a person must submit a renewal application every two years.

(E) The department shall establish procedures whereby complaints may be filed against a guardian ad litem. The department may revoke a guardian ad litem's registration if, after notice and an opportunity for a hearing, the department determines that the person is not fit or qualified to be a guardian ad litem. A person may appeal a decision of the department to the Administrative Law Judge Division.

(F) The department may promulgate regulations necessary to implement this section including, but not limited to, registration and renewal fees."

SECTION 2. This act takes effect upon approval by the Governor.

This web page was last updated on Wednesday, December 9, 2009 at 9:15 A.M.